Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (238)
- Jurisprudence (52)
- Courts (41)
- Supreme Court of the United States (38)
- Law and Politics (35)
-
- Judges (34)
- Law and Society (33)
- State and Local Government Law (30)
- Civil Rights and Discrimination (27)
- Public Law and Legal Theory (27)
- Fourteenth Amendment (21)
- Jurisdiction (21)
- Legislation (21)
- Arts and Humanities (19)
- President/Executive Department (18)
- Social and Behavioral Sciences (18)
- Rule of Law (17)
- History (15)
- Comparative and Foreign Law (13)
- Litigation (13)
- Human Rights Law (12)
- Law and Philosophy (12)
- Administrative Law (11)
- Civil Law (11)
- Criminal Law (11)
- Criminal Procedure (11)
- First Amendment (10)
- International Law (10)
- Institution
-
- University of Michigan Law School (62)
- SelectedWorks (22)
- Georgetown University Law Center (19)
- Selected Works (14)
- New York Law School (13)
-
- Touro University Jacob D. Fuchsberg Law Center (12)
- American University Washington College of Law (11)
- Maurer School of Law: Indiana University (10)
- University of Richmond (10)
- University of Colorado Law School (8)
- Pepperdine University (7)
- Seattle University School of Law (7)
- Fordham Law School (6)
- University of Georgia School of Law (6)
- Boston University School of Law (5)
- Liberty University (5)
- The University of Akron (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Cleveland State University (4)
- University of Pennsylvania Carey Law School (4)
- Florida International University College of Law (3)
- Roger Williams University (3)
- University of Maryland Francis King Carey School of Law (3)
- Loyola University Chicago, School of Law (2)
- Notre Dame Law School (2)
- Penn State Dickinson Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Nebraska - Lincoln (2)
- University of Oklahoma College of Law (2)
- Washington and Lee University School of Law (2)
- Publication Year
- Publication
-
- Michigan Law Review (36)
- Georgetown Law Faculty Publications and Other Works (19)
- Robert G. Natelson (18)
- Articles (16)
- Faculty Scholarship (13)
-
- NYLS Law Review (13)
- Touro Law Review (11)
- Indiana Law Journal (10)
- Pepperdine Law Review (7)
- Seattle University Law Review (7)
- University of Richmond Law Review (7)
- American University Law Review (6)
- Scholarly Works (6)
- All Faculty Scholarship (5)
- Reviews (5)
- Georgia Journal of International & Comparative Law (4)
- Publications (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Book Chapters (3)
- Law Faculty Publications (3)
- Senior Honors Theses (3)
- Akron Law Faculty Publications (2)
- American Indian Law Review (2)
- Cleveland State Law Review (2)
- Dickinson Law Review (2017-Present) (2)
- Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Honors Theses (2)
- Journal Articles (2)
- Law Library Newsletters/Blog (2)
- Publication Type
- File Type
Articles 211 - 240 of 280
Full-Text Articles in Legal History
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
Indiana Law Journal
Symposium: Law and Civil Society
Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior
Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior
Ronaldo Porto Macedo Junior
On the basis of a reconstruction of Schmitt's decisionism and of the analysis of its effects on key terms of his conception like democracy, sovereignty and dictatorship, Schmitt'sthought is examined regarding his theoretical and practical positions on the constitutional issues of Weimar's Germany and of National-socialism. Special attention is given to how for him the unity and the hierarchy of the political powers and of the lae demand a strong State and a centralized command instead of a pluralistic balance.
Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman
Chief Justice Hughes' Letter On Court-Packing, Richard D. Friedman
Articles
After one of the great landslides in American presidential history, Franklin D. Roosevelt took the oath of office for the second time on January 20, 1937. As he had four years before, Chief Justice Charles Evans Hughes, like Roosevelt a former governor of New York, administered the oath. Torrents of rain drenched the inauguration, and Hughes’ damp whiskers waved in the biting wind. When the skullcapped Chief Justice reached the promise to defend the Constitution, he “spoke slowly and with special emphasis.” The President responded in kind, though he felt like saying, as he later told his aide Sam Rosenman: …
The Federalism Pendulum, Ronald J. Bacigal
The Federalism Pendulum, Ronald J. Bacigal
Law Faculty Publications
Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …
Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining
Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining
Articles
The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Michigan Law Review
At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.
The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson
The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson
Michigan Law Review
A Review of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen
The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen
Indiana Law Journal
No abstract provided.
The Political Process As Final Solution, Charles M. Freeland
The Political Process As Final Solution, Charles M. Freeland
Indiana Law Journal
No abstract provided.
American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller
American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller
American Indian Law Review
No abstract provided.
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
The Aspirational Constitution, Robin West
The Aspirational Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
Dalhousie Law Journal
This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Reviews
We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reconstructing Liberty, Robin West
Reconstructing Liberty, Robin West
Georgetown Law Faculty Publications and Other Works
It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Michigan Law Review
A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
Michigan Law Review
A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer
Native Americans And The Constitution: The Original Understanding, Mark Savage
Native Americans And The Constitution: The Original Understanding, Mark Savage
American Indian Law Review
No abstract provided.
Commercial Rights And Constitutional Wrongs, Patricia J. Williams
Commercial Rights And Constitutional Wrongs, Patricia J. Williams
Maryland Law Review
No abstract provided.
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
Faculty Scholarship
The contemporary criminal justice system is guided, in large part, from the top down. A great deal of the force that drives the "terrible engine" of the criminal law is supplied by courts that consider cases on review after a defendant has been convicted.
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Michigan Law Review
Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.
There is an American story of origins. It is …
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
Philosophy, The Federalist, And The Constitution, Edward J. Sebold
Philosophy, The Federalist, And The Constitution, Edward J. Sebold
Michigan Law Review
A Review of Philosophy, The Federalist, and the Constitution by Morton White
Law, Literature, And The Celebration Of Authority, Robin West
Law, Literature, And The Celebration Of Authority, Robin West
Georgetown Law Faculty Publications and Other Works
Richard Posner's new book, Law and Literature: A Misunderstood Relation, is a defense of “liberal legalism” against a group of modern critics who have only one thing in common: their use of either particular pieces of literature or literary theory to mount legal critiques. Perhaps for that reason, it is very hard to discern a unified thesis within Posner's book regarding the relationship between law and literature. In part, Posner is complaining about a pollution of literature by its use and abuse in political and legal argument; thus, the “misunderstood relation” to which the title refers. At times, Posner suggests …