Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Supreme Court (4)
- Constitution (3)
- Commerce Clause (2)
- Congress (2)
- Federalism (2)
-
- Religion (2)
- Balances (1)
- Branches of government (1)
- Change (1)
- Checks (1)
- Condition (1)
- Constitution-making (1)
- Constitutional interpretation (1)
- Constitutional law (1)
- Constitutional right (1)
- Constitutionalism (1)
- Defendents (1)
- Eleventh Amendment (1)
- Equal protection (1)
- German (1)
- Gonzales v. Raich (1)
- Government (1)
- Headscarf (1)
- History (1)
- Judge-bashing (1)
- Juries (1)
- Justices (1)
- Liberation (1)
- Muslim (1)
- Nondelegation doctrine (1)
Articles 1 - 16 of 16
Full-Text Articles in Legal History
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
University of Michigan Journal of Law Reform
This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.
According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to …
Constitutional Law—Commerce Clause—California Takes A Hit: The Supreme Court Upholds Congressional Authority Over The State-Approved Use Of Medicinal Marijuana. Gonzales V. Raich, 545 U.S. 1 (2005)., Rick Behring Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis
Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis
The University of New Hampshire Law Review
[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
NYLS Law Review
No abstract provided.
Reconceptualizing Federalism, Erwin Chemerinsky
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
NYLS Law Review
No abstract provided.
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
NYLS Law Review
No abstract provided.
Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman
Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman
NYLS Law Review
No abstract provided.
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner
UIC Law Review
No abstract provided.
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
UIC Law Review
No abstract provided.
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank
UIC Law Review
No abstract provided.
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
UIC Law Review
No abstract provided.
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel
NYLS Law Review
No abstract provided.
The Value Of Government Tort Liability: Washington State's Journey From Immunity To Accountability, Debra L. Stephens, Bryan P. Harnetiaux
The Value Of Government Tort Liability: Washington State's Journey From Immunity To Accountability, Debra L. Stephens, Bryan P. Harnetiaux
Seattle University Law Review
Part I of this Article traces Washington's history with the common law doctrine of government immunity from tort liability. It also identifies other distinct common law immunities protecting executive, legislative, and judicial functions-immunities that lay dormant during the reign of sovereign immunity. Part II discusses the legislature's broad waiver of sovereign immunity in 1961 and the legislature's subsequent reaffirmation of the waiver. It also notes isolated instances in which the legislature has partially restored immunity or otherwise limited tort liability. Part III addresses the development of case law interpreting the scope of government tort liability in light of the legislative …
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
UIC Law Review
No abstract provided.