Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1129)
- William & Mary Law School (983)
- 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 (255)
- 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 (177)
- Northwestern Pritzker School of Law (175)
- Keyword
-
- Constitutional Law (1223)
- Constitutional law (1190)
- Constitution (814)
- Supreme Court (658)
- First Amendment (531)
-
- United States Supreme Court (395)
- Federalism (342)
- Due process (339)
- Judicial review (280)
- Originalism (266)
- Separation of powers (249)
- Fourth Amendment (240)
- Fourteenth Amendment (233)
- Fifth Amendment (231)
- Constitutional interpretation (230)
- Jurisprudence (220)
- Congress (216)
- Law (211)
- Equal protection (200)
- Discrimination (197)
- Civil rights (185)
- Religion (180)
- History (169)
- Sixth Amendment (169)
- Abortion (164)
- Freedom of speech (161)
- Politics (160)
- Privacy (160)
- United States (160)
- Democracy (154)
- Publication Year
- Publication
-
- Faculty Scholarship (1094)
- Michigan Law Review (759)
- UC Law Constitutional Quarterly (600)
- Faculty Publications (426)
- 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 (139)
- Akron Law Review (136)
- Maine Law Review (133)
- Publication Type
- File Type
Articles 12931 - 12960 of 15677
Full-Text Articles in Entire DC Network
Interpreting The Illinois Constitution: Illinois Supreme Court Plays Follow The Leader, Roger Kangas
Interpreting The Illinois Constitution: Illinois Supreme Court Plays Follow The Leader, Roger Kangas
Loyola University Chicago Law Journal
No abstract provided.
Keeping The Constitutional Republic: Civic Virtue Vs. Pornographic Attack, William A. Stanmeyer
Keeping The Constitutional Republic: Civic Virtue Vs. Pornographic Attack, William A. Stanmeyer
UC Law Constitutional Quarterly
No abstract provided.
Seven Questions For Professor Jaffa, George Anastaplo
Seven Questions For Professor Jaffa, George Anastaplo
Seattle University Law Review
This Article poses questions inspired by the four essays collected in Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article offers, in addition to fresh reflections upon these questions, three appendices, which bear upon various matters touched upon by Professor Jaffa. These appendices include, “The Founders of Our Founders: Jerusalem, Athens, and the American Constitution,” “The Ambiguity of Justice in Plato’s Republic,” and “Private Rights and Public Law: The Founders’ Perspective.” The Epilogue provides informed observations of a scholar who comments on the differences between Professor …
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin
Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin
UC Law Constitutional Quarterly
No abstract provided.
In Re R.J. Reynolds Tobacco Co., Inc.: The Common Sense Distinction Between Commercial And Noncommercial Speech, Thomas H. Nienow
In Re R.J. Reynolds Tobacco Co., Inc.: The Common Sense Distinction Between Commercial And Noncommercial Speech, Thomas H. Nienow
UC Law Constitutional Quarterly
No abstract provided.
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
"Wrong But Reasonable": The Fourth Amendment Particularity Requirement After United States V. Leon, Martha Applebaum
Fordham Urban Law Journal
This Note analyzes the application of the good-faith exception to search warrant particularity violations under the Fourth Amendment. The question compelled by United States v. Leon and Massachusetts v. Sheppard is when, if ever, a particularity-defective warrant will sustain an officer's "reasonable reliance.'' The Note briefly discusses how "particularity" traditionally has been assessed under the fourth amendment. The author examines the Supreme Court's holding in Massachusetts v. Sheppard, and contrasts several circuit court cases that have applied Sheppard's "objectively reasonable" standard of good faith to warrants involving particularity defects. Finally, the Note concludes that the approach taken by the Second …
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Fordham Urban Law Journal
This Note examines the general history and function of Title VII and section 1981 of the civil rights law. The author discusses the problems inherent in defining an organization as a private club, for purposes of employment non-discrimination efforts. The Note examines statutory construction and legislative history, as well as case law to assess arguments as to whether Title VII impliedly amends section 1981 with respect to the private club exemption. The author argues that membership discrimination cases in the case law differ radically from employment discrimination cases, which address entirely different sets of rights. The argument concludes therefore that …
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
A Proposal To Use A "Knowing And Voluntary" Standard To Evaluate The "Voluntariness" Of Early Retirement Incentives, Lisa E. Meyer
Fordham Urban Law Journal
The Note argues that a standard is needed to judge the "voluntariness" of early retirement incentives under the Age Discrimination in Employment Act. It examines the need for clear guidelines to evaluate the voluntariness of early retirement incentives in light of their increasing use in a society that is growing older and retiring earlier. The author discusses the aims and prohibitions of ADEA, and the procedure by which plaintiffs can establish a prima facie case of age discrimination. The author proposes that the "knowing and voluntary" standard used to determine the validity of common law releases of duty serves as …
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Faculty Publications
Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.
Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel
Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel
Faculty Publications
No abstract provided.
Has The First Amendment Arrived For Broadcasting?, Tom A. Collins
Has The First Amendment Arrived For Broadcasting?, Tom A. Collins
Faculty Publications
No abstract provided.
The Judicial Right And The Rhetoric Of Restraint: A Defense Of Judicial Activism In An Age Of Conservative Judges, J. Skelly Wright
The Judicial Right And The Rhetoric Of Restraint: A Defense Of Judicial Activism In An Age Of Conservative Judges, J. Skelly Wright
UC Law Constitutional Quarterly
No abstract provided.
The Justiciability Myth And The Concept Of Law, Wayne Mccormack
The Justiciability Myth And The Concept Of Law, Wayne Mccormack
UC Law Constitutional Quarterly
No abstract provided.
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Articles
What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …
Retroactive Application Of Wilson V. Garcia: Continued Confusion To A Troubled Topic
Retroactive Application Of Wilson V. Garcia: Continued Confusion To A Troubled Topic
Washington and Lee Law Review
No abstract provided.
Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten
Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten
Faculty Publications
No abstract provided.
The Court's Role In Congressional Federalism: A Play With (At Least) Three Acts, Philip C. Bobbitt
The Court's Role In Congressional Federalism: A Play With (At Least) Three Acts, Philip C. Bobbitt
Faculty Scholarship
The constitutional drama that climaxed in the Garcia case can be usefully understood, by a theatrical metaphor, as a play in three acts. In the first act, the principal characters are introduced and the problematic nature of their relationship established; the way the characters understand their problems creates their problems. In the second act an attempt made to overcome the conflict of the first act serves only to intensify the struggle and even threatens values widely shared by the players. In the third act, a futile effort is made to resolve the tensions that now appear almost inevitable among such …
Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman
Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman
Articles by Maurer Faculty
The papers in this symposium examine constitutionally significant separation-of-powers themes that were particularly controversial in Franklin Roosevelt's administrations and once again command our attention. The Supreme Court's decision in cases such as Immigration & Naturalization Services v. Chadha I and Bowsher v. Synar2 have helped to resurrect questions that have been ignored, if not resolved, since the 1930s. This symposium focuses on the contemporary debate that these issues have generated, and it provides us with an array of approaches to and perspectives on that debate. As this Introduction emphasizes, that these issues have arisen before is significant, both legally and …
Review Essay: Liberalism And The Supreme Court, Donald P. Kommers
Review Essay: Liberalism And The Supreme Court, Donald P. Kommers
Journal Articles
In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …
Preventive Detention: Liberty In The Balance, Kevin F. Arthur
Preventive Detention: Liberty In The Balance, Kevin F. Arthur
Maryland Law Review
No abstract provided.
The Constitutional Right To Jury Trial: A Historical Exception For Small Monetary Claims, Margreth Barrett
The Constitutional Right To Jury Trial: A Historical Exception For Small Monetary Claims, Margreth Barrett
Faculty Scholarship
No abstract provided.
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Vanderbilt Journal of Transnational Law
This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Constitutional Concerns In Drug Testing, Gordon J. Beggs
Journal of Law and Health
*this is not an article, rather a summary of recent case law and authority"
Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley
Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley
Faculty Scholarship
The author argues that the 1977 United States Supreme Court decision in Bounds v. Smith insufficiently protects the right of prisoners to represent themselves before the courts by failing to require state and federal correctional facilities to establish and maintain adequately stocked prison law libraries and to provide prisoners with the option to use those libraries as their means of gaining meaningful access to the courts.
Rationalism In Constitutional Law, Robert F. Nagel
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Publications
No abstract provided.
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Journal Articles
In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Faculty Scholarship
Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …
Review Essay: Charting The Bicentennial, Richard B. Bernstein
Review Essay: Charting The Bicentennial, Richard B. Bernstein
Articles & Chapters
No abstract provided.