Legal History Commons^™

Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux

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This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

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No abstract provided.

A Constitution For The Age Of Demagogues: Using The Twenty-Fifth Amendment To Remove An Unfit President, Paul F. Campos

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This Article argues that, properly understood, the 25th Amendment is designed to allow the executive and legislative branches, working together, to remove a president from office when it becomes evident that the person elevated to that office by the electoral process is manifestly unsuited for what can, without exaggeration, be described as the most important job in the world.

It argues further that the first two years of Donald Trump’s presidency have provided a great deal of evidence for the proposition that President Trump has in fact demonstrated the requisite level of fundamental unfitness for the office that would justify …

Excavating The Forgotten Suspension Clause, Helen Norton

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Government Speech And The War On Terror, Helen Norton

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The government is unique among speakers because of its coercive power, its substantial resources, its privileged access to national security and intelligence information, and its wide variety of expressive roles as commander-in-chief, policymaker, educator, employer, property owner, and more. Precisely because of this power, variety, and ubiquity, the government's speech can both provide great value and inflict great harm to the public. In wartime, more specifically, the government can affirmatively choose to use its voice to inform, inspire, heal, and unite -- or instead to deceive, divide, bully, and silence.

In this essay, I examine the U.S. government's role as …

Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux

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This essay is a response to Professor Samuel Bray’s article proposing a blanket prohibition against injunctions that enjoin a defendant’s conduct with respect to nonparties. He argues that national injunctions are illegitimate under Article III and traditional equity and result in a number of difficulties.

This Response argues, from a normative lens, that Bray’s proposed ban on national injunctions should be rejected. Such a bright-line rule against national injunctions is too blunt an instrument to address the complexity of our tripartite system of government, our pluralistic society and our democracy. Although national injunctions may be imperfect and crude forms of …

Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

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How Presidents Interpret The Constitution, Harold H. Bruff

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Placing Your Faith In The Constitution, Harold H. Bruff

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The Incompatibility Principle, Harold H. Bruff

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Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

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California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

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The Last Centrifugal Force, Robert F. Nagel

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Voice In Government: The People, Emily Calhoun

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Advice, Consent, And Influence, Robert F. Nagel

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Meeting The Enemy, Robert F. Nagel

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Indian Consent To American Government, Richard B. Collins

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Economic Union As A Constitutional Value, Richard B. Collins

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Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

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Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

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Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

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How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

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The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

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The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

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Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

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The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

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No abstract provided.