Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1129)
- William & Mary Law School (982)
- Yeshiva University, Cardozo School of Law (659)
- UC Law SF (609)
- Washington and Lee University School of Law (478)
-
- Maurer School of Law: Indiana University (456)
- Touro University Jacob D. Fuchsberg Law Center (434)
- Duke Law (396)
- Georgetown University Law Center (381)
- Seattle University School of Law (380)
- American University Washington College of Law (331)
- Columbia Law School (319)
- Villanova University Charles Widger School of Law (310)
- Notre Dame Law School (293)
- The University of Akron (256)
- BLR (254)
- University at Buffalo School of Law (252)
- Vanderbilt University Law School (250)
- University of Maryland Francis King Carey School of Law (246)
- University of Colorado Law School (240)
- University of Kentucky (238)
- UIC School of Law (237)
- Fordham Law School (234)
- University of Richmond (233)
- West Virginia University (215)
- Pepperdine University (212)
- Cleveland State University (198)
- University of Georgia School of Law (198)
- Brigham Young University Law School (176)
- Northwestern Pritzker School of Law (175)
- Keyword
-
- Constitutional Law (1222)
- Constitutional law (1191)
- Constitution (815)
- Supreme Court (658)
- First Amendment (531)
-
- United States Supreme Court (394)
- Federalism (342)
- Due process (339)
- Judicial review (280)
- Originalism (266)
- Separation of powers (249)
- Fourth Amendment (240)
- Fourteenth Amendment (234)
- Constitutional interpretation (231)
- Fifth Amendment (231)
- Jurisprudence (220)
- Congress (216)
- Law (211)
- Equal protection (200)
- Discrimination (197)
- Civil rights (186)
- Religion (180)
- History (169)
- Sixth Amendment (169)
- Abortion (164)
- Freedom of speech (162)
- Politics (160)
- Privacy (160)
- United States (160)
- Democracy (154)
- Publication Year
- Publication
-
- Faculty Scholarship (1096)
- Michigan Law Review (759)
- UC Law Constitutional Quarterly (600)
- Faculty Publications (425)
- Articles (374)
-
- Touro Law Review (354)
- Georgetown Law Faculty Publications and Other Works (352)
- William & Mary Bill of Rights Journal (345)
- Seattle University Law Review (329)
- William & Mary Law Review (310)
- Indiana Law Journal (256)
- Villanova Law Review (1956 - ) (254)
- Cardozo Law Review (245)
- ExpressO (234)
- UIC Law Review (211)
- West Virginia Law Review (211)
- Scholarly Works (209)
- Washington and Lee Law Review (205)
- Journal Articles (195)
- Kentucky Law Journal (195)
- Publications (182)
- Supreme Court Case Files (175)
- Buffalo Law Review (174)
- Pepperdine Law Review (173)
- Vanderbilt Law Review (161)
- Duke Journal of Constitutional Law & Public Policy Sidebar (146)
- Scholarly Articles (140)
- BYU Law Review (138)
- Akron Law Review (136)
- Maine Law Review (133)
- Publication Type
- File Type
Articles 12691 - 12720 of 15679
Full-Text Articles in Entire DC Network
Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin
Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin
Translated Opinions
The Appeal revolved around the decision of the Central Election Committee for the Twelfth Knesset, under its authority according to section 63 of the Knesset Elections Act [Consolidated Version] 1969, that the “Kach” List be barred from participating in elections to the Knesset, under section 7A of Basic Law: The Knesset. The Appellant’s argue that section 7A, which was added to Basic Law: The Knesset is invalid for the following reasons: it is inconsistent with the principle of equality as established by section 4 of Basic Law: The Knesset; it is an extreme divergence from the principles of democracy and …
Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks
Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law (Kempo), Jutta Brunnée
Constitutional Law (Kempo), Jutta Brunnée
Dalhousie Law Journal
In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Indiana Law Journal
No abstract provided.
Approaching The Constitution, Don Herzog
Approaching The Constitution, Don Herzog
Reviews
These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Osgoode Hall Law Journal
The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Cardozo Law Review
No abstract provided.
Law And Consciousness, Charles A. Reich
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
University of Miami Law Review
No abstract provided.
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
University of Miami Law Review
No abstract provided.
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
Do We Have An Imperial Congress?, John Norton Moore
Do We Have An Imperial Congress?, John Norton Moore
University of Miami Law Review
No abstract provided.
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
University of Miami Law Review
No abstract provided.
Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii
Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii
University of Miami Law Review
No abstract provided.
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
Florida State University Law Review
No abstract provided.
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Florida State University Law Review
National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Indiana Law Journal
No abstract provided.
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Indiana Law Journal
No abstract provided.
Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla
Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla
Faculty Publications
No abstract provided.
Neutral Principles In The 1950'S, Gary Peller
Neutral Principles In The 1950'S, Gary Peller
University of Michigan Journal of Law Reform
In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Michigan Law Review
Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …
Shakdiel V. Minister Of Religious Affairs, Menachem Elon, Aharon Barak, Miriam Ben-Porat
Shakdiel V. Minister Of Religious Affairs, Menachem Elon, Aharon Barak, Miriam Ben-Porat
Translated Opinions
The Jewish Religious Services Law provides for the establishment of local religious councils throughout the country, charged with the duty to provide Jewish religious services and to allocate public funds in support of such religious services, as are needed in the area. By Law, the membership of such councils is to reflect the general public desire and need for the distribution of such religious services in the locality and the range of interest in such services. In determining the Council's make-up, attention must be given to the different groups represented in the Local or Municipal Council and to their respective …
The Prosecutor As "Minister Of Justice", Bennett L. Gershman
The Prosecutor As "Minister Of Justice", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.
Capital Punishment And The American Agenda, John Pierce Stimson
Capital Punishment And The American Agenda, John Pierce Stimson
Michigan Law Review
A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Michigan Law Review
A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi
William & Mary Law Review
No abstract provided.
Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks
Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks
Michigan Law Review
A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy