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Articles 1 - 5 of 5

Full-Text Articles in Legal History

Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine Jan 2006

Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine

Faculty Publications

No abstract provided.


Looking To The East: The Stories Of Modern Indian People And The Development Of Tribal Law, Matthew L.M. Fletcher Jan 2006

Looking To The East: The Stories Of Modern Indian People And The Development Of Tribal Law, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Reviving A Natural Right: The Freedom Of Autonomy, Michael A. Lawrence Jan 2006

Reviving A Natural Right: The Freedom Of Autonomy, Michael A. Lawrence

Faculty Publications

This article explores the historical foundations of the individual rights of equality and free choice on matters of natural private concern (collectively, “freedom of autonomy”) in America, looks at several present-day applications, and concludes that meaningful steps must be taken – by encouraging greater awareness among lawmakers and courts of original meanings of the constitutional terms “liberty,” “property,” “privileges,” and “immunities,” and perhaps even through constitutional amendment – to revive this most basic right from an overbearing government.


Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Martin Katz Jan 2006

Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Martin Katz

Faculty Publications

Why did Justice Rehnquist behave the way he did in Dickerson v. United States? As written, many prevailing accounts accept Justice Rehnquist's opinion in Dickerson v. United States at face value and disavow the potential of a strategic explanation. The difficulty with the non-strategic accounts is their failure to outline explicitly the evidence supporting the uniqueness of their theory. Specifically, these explanations largely ignore the alternative set of preferences which could have produced the Chief's decision. This is troubling because prior scholarship demonstrates that a chief justice possesses a unique set of institutional powers which provides significant incentive ...


The Iron Cold Of The Marshall Trilogy, Matthew L.M. Fletcher Jan 2006

The Iron Cold Of The Marshall Trilogy, Matthew L.M. Fletcher

Faculty Publications

This article examines the Marshall Trilogy of federal Indian law from numerous perspectives - legal pedagogy, legal history, federalism and constitutional law, law and literature, and law and economics.