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Legal History Commons

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Articles 1 - 13 of 13

Full-Text Articles in Legal History

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham Oct 2005

The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham

American University Law Review

No abstract provided.


Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell Mar 2005

Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell

University of Richmond Law Review

No abstract provided.


In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi Jan 2005

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

UIC Law Review

No abstract provided.


American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley Jan 2005

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.


Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor Jan 2005

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.


Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel Jan 2005

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

UIC Law Review

No abstract provided.


Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal Jan 2005

Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal

Seattle University Law Review

The composition and actions of the un-elected Seattle Monorail Project (SMP) Board raise the question of whether the Washington State Constitution permits the legislature to delegate its taxing power to municipal corporations governed by unelected boards. Stated differently, the SMP Board and its actions present the question of whether the Washington State Constitution requires that local taxes be imposed only by officials who are elected by, and accountable to, the electorate burdened by the tax. While Washington's Constitution, political structures, and legal doctrine are designed to prevent "taxation without representation," the recent case of Granite Falls Library Facility Area v. …


If I Implore You And Order You To Set Me Free, Robert Blecker Jan 2005

If I Implore You And Order You To Set Me Free, Robert Blecker

NYLS Law Review

No abstract provided.


Beyond The Conventional Establishment Clause Narrative, Richard Albert Jan 2005

Beyond The Conventional Establishment Clause Narrative, Richard Albert

Seattle University Law Review

The article reviews of jurisprudence offers a systematic look at every Establishment Clause case to have reached the docket of the United States Supreme Court since 1947. That year is of particular significance, for it marks the incorporation of the Establishment Clause, which the Court articulated in its influential establishment case, Everson v. Board of Education. Through the intervening years there have been a total of forty-six other cases-forty-seven in total-in which establishment issues constituted the core legal quandary. The article poses two questions as it reviews the Court's opinion in each suit: (1) In contemplating the meaning of …


Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall Jan 2005

Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall

Seattle University Law Review

This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law …


Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko Jan 2005

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.


Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone Jan 2005

Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone

NYLS Law Review

No abstract provided.