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Articles 1 - 18 of 18

Full-Text Articles in Legal History

Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson Jun 2004

Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson

American University Law Review

No abstract provided.


From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan Jun 2004

From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan

Washington and Lee Law Review

No abstract provided.


Saving The Constitution: Lincoln, Secession, And The Price Of Union, Craig S. Lerner May 2004

Saving The Constitution: Lincoln, Secession, And The Price Of Union, Craig S. Lerner

Michigan Law Review

The year is 1860. After failing to obtain, as he had expected, the Democratic Party nomination for President at its Charleston convention, Stephen Douglas abandons his candidacy. In the ensuing election, Democrat John C. Breckinridge of Kentucky edges Republican Abraham Lincoln. The official platform of the Democratic Party includes endorsement of the Dred Scott decision, slavery's expansion in the federal territories, rigorous enforcement of the Fugitive Slave Act, and elimination of the tariff. Abolitionists in New England are inconsolable. For several years, Henry Lloyd Garrison had advocated Northern secession, denouncing the Constitution as a "union with slaveholders," and "a covenant …


What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser May 2004

What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser

Michigan Law Review

Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …


Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty Feb 2004

Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty

Michigan Law Review

Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …


Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill Jan 2004

Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill

UIC Law Review

No abstract provided.


State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead Jan 2004

State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead

UIC Law Review

No abstract provided.


Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck Jan 2004

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.


Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker Jan 2004

Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker

Oklahoma Law Review

No abstract provided.


Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken Jan 2004

Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken

UIC Law Review

No abstract provided.


The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson Jan 2004

The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson

UIC Law Review

No abstract provided.


The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer Jan 2004

The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer

UIC Law Review

No abstract provided.


The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken Jan 2004

The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken

UIC Law Review

No abstract provided.


The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman Jan 2004

The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman

UIC Law Review

No abstract provided.


The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill Jan 2004

The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill

UIC Law Review

No abstract provided.


Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet Jan 2004

Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet

UIC Law Review

No abstract provided.