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The Authoritarian Impulse In Constitutional Law, Robin L. West

University of Miami Law Review

No abstract provided.

The Constitution, Religion, And American Public Life, Gerard V. Bradley

Journal Articles

From the Introduction

Even a nonspecialist familiar with all of the contiguous disciplines - religious studies, theology, all facets of American history, the history of Christianity, sociology of knowledge, even constitutional and legal history up to World War II - would never guess what American constitutional law of church and state really is. The temptation after reading the actual cases concerning church and state is to dismiss them as stupid. Church-state is the realm of "legendary inconsistencies," as one sympathetic scholar put it.

The sorriest scene in this legal wonderland is a recurring one, and plays in the public schoolroom. …

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

Publications

No abstract provided.

Independent Counsel And The Constitution, Harold H. Bruff

Publications

No abstract provided.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Publications

No abstract provided.

The Misadventures Of State Postconviction Remedies, Larry Yackle

Faculty Scholarship

In a colloquium concentrating on the lower federal courts' jurisdiction to determine federal claims, it falls to me to treat state court opportunities to adjudicate the same issues in advance of, as an aid to, or in place of federal litigation. To do that, I will have to recount some conventional wisdom regarding the development of federal habeas corpus and state postconviction remedies in tandem during the last half century. In due course, I hope to solicit support for an unconventional conclusion to be drawn from that experience.

In Praise Of Woodenness, Gary S. Lawson

Faculty Scholarship

Not long ago, I was a stalwart champion of judicial terrorism on behalf of economic liberty. In recent years, however, I have become a meek, mildmannered originalist whose favorite adjective is "wooden."' I still like economic liberty as much as the next person - in fact, more than at least one of the next two persons. Nonetheless, much as I would like to, I cannot agree that the Constitution requires a free market to the extent urged by, among others, Roger Pilon, Bernard Siegan,3 Steven Macedo, 4 Randy Barnett,5 and Richard Epstein.6 My aim here is not to criticize their …

The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz

Michigan Law Review

For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …

The Constitution's Bicentennial: Commemorating The Wrong Document?, Thurgood Marshall

Vanderbilt Law Review

1987 marks the 200th anniversary of the United States Constitution. A Commission has been established to coordinate the celebration. The official meetings, essay contests, and festivities have begun.

The planned commemoration will span three years, and I am told 1987 is "dedicated to the memory of the Founders and the document they drafted in Philadelphia."' We are to "recall the achievements of our Founders and the knowledge and experience that inspired them, the nature of the government they established,its origins, its character, and its ends, and the rights and privileges of citizenship, as well as its attendant responsibilities."

Like many …

The Enduring Constitution Of The People And The Protection Of Individual Rights, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Another View: Our Magnificent Constitution, William B. Reynolds

Vanderbilt Law Review

Let me start with the observation that I regard myself to be most privileged to be a public servant at a time when we celebrate the 200th anniversary of the Constitution a magnificent document that has, in my view, no equal in history and every reason to be feted. It is by now no revelation that the Framers would be aghast at the size and reach of government today; but they would also be enormously proud of how much of their legacy has endured. The vitality of the original Constitution, and its various amendments, is reflected by its ability to …

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Honig V. Doe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California Federal Savings & Loan Association V. Guerra, 107 S. Ct. 683 (1987), Cathy Miller Seilers

Florida State University Law Review

Employment Law/Constitutional Law-STATE LAWS PERMITTING PREFERENTIAL TREATMENT OF PREGNANT EMPLOYEES UNDER THE PREGNANCY DISCRIMINATION ACT

Asking The Right Questions, Lawrence C. George

Florida State University Law Review

Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.

Equality And The Citizens Of Sister States, Douglas Laycock

Florida State University Law Review

Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.

Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan

Indiana Law Journal

No abstract provided.

Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky

Indiana Law Journal

No abstract provided.

The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins

Faculty Publications

No abstract provided.

Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer

Indiana Law Journal

No abstract provided.

The Constitution As Text And Rule, Frederick Schauer

William & Mary Law Review

No abstract provided.

The New Republicanism, Larry G. Simon

William & Mary Law Review

No abstract provided.

"We Do Ordain And Establish": The Constitution As Literary Text, Robert A. Ferguson

William & Mary Law Review

No abstract provided.

Our "Sacred" Constitution - Another View Of The Constitution As Literary Text, Michael Les Benedict

William & Mary Law Review

No abstract provided.

Liberty And Learning, James Morton Smith

William & Mary Law Review

No abstract provided.

Republicanism And Liberalism In American Constitutional Thought, Morton J. Horwitz

William & Mary Law Review

No abstract provided.

The Concept Of Tradition In Constitutional Historiography, Mark Tushnet

William & Mary Law Review

No abstract provided.

The Studied Ambiguity Of Horwitz' Legal History, G. Edward White

William & Mary Law Review

No abstract provided.

Pledging Faith In The Civil Religion; Or, Would You Sign The Constitution?, Sanford Levinson

William & Mary Law Review

No abstract provided.

Imposing Constitutional Traditions, Hendrik Hartog

William & Mary Law Review

No abstract provided.