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Conflict Between Text And Precedent In Constitutional Adjudication , Lea Brilmayer

Cornell Law Review

No abstract provided.

Luther Martin, Maryland And The Constitution, William L. Reynolds

Faculty Scholarship

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).

Recent Development, Jonathan J. Cheatwood

Vanderbilt Journal of Transnational Law

The exclusionary rule requires the suppression of evidence that agents of United States Government seize abroad in violation of the fourth amendment to the United States Constitution. In contrast, the exclusionary rule does not generally apply to overseas operations conducted by agents of a foreign country, even though the operation would violate the fourth amendment if conducted by United States officials. This dichotomy is the result of a judicial realization that the exclusion of evidence seized by foreign police in violation of the United States Constitution and presented on a "silver platter" to United States law enforcement officials cannot be …

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Case Western Reserve Journal of International Law

No abstract provided.

Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Search For An Author: Shakespeare And The Framers, James Boyle

Faculty Scholarship

No abstract provided.

Law And Mystery: Calling The Letter To Life Through The Spirit Of The Law Of State Constitutions, Emily A. Hartigan

Faculty Articles

If law is anything today, it is dispirited. It lacks life, vitality, enchantment, and vision. Neither law nor its practitioners sing—or even hum. However, there is something more, already present in America’s state constitutions if practitioners dare turn to hear it. It is the voice of the spirit of the laws of the land. It sings of a vision.

There is a strain of constitutional law, anchored by actual judicial language about the spirit of law, which participates in the discourse identified in two key law review articles—Suzanna Sherry’s “The Founders’ Unwritten Constitution,” and Thomas Grey’s “Origins of the Unwritten …

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

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 …

The Coercion Test And Conditional Federal Grants To The States, Donald J. Mizerk

Vanderbilt Law Review

In July of 1984 Congress amended the Surface Transportation Assistance Act of 1982' to require the states either to raise their minimum drinking age to twenty-one or forfeit a percentage of their federal highway grant. This congressional action forced the states to make an extremely difficult decision. The states either could enact a law that their residents might not support or forego the federal highway funds that the states desperately needed to complete important highway improvements. Many states were displeased with both options and challenged the constitutionality of Congress' conditional spending program.

The states' legal challenge has initiated renewed discussion …

A Case Of Treasonous Interpretation, W. T. Brotherton Jr.

West Virginia Law Review

No abstract provided.

The New Federalism In West Virginia, Thomas B. Miller

West Virginia Law Review

No abstract provided.

In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin

West Virginia Law Review

The bicentennial of any constitution is surely an invitation to much sententious rhetoric. But the bicentennial of THE Constitution, The American Constitution of 1787, is an occasion for oratorical pyrotechnics of the first magnitude. So I shall make my brief tribute to note the importance of the Constitution as symbol - symbol of our national resolve to be a good society. Constitutions, in general, have two distinct functions: (1) As the outward sign and symbol of a society's fundamental commitment to social values and (2) perhaps more mundanely, as the framework for a political order. Our Constitution of 1787 (or …

The Role Of Original Intent In Reading A Two Hundred Year Old Constitution, Darrell V. Mcgraw Jr., Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.

The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott

West Virginia Law Review

No abstract provided.

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

West Virginia Law Review

Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …

Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez

University of Miami Law Review

No abstract provided.

The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent

Duke Law Journal

Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …

Perspectives On The Constitution—Origins, Development, Philosophy, And Contemporary Applications, Thomas B. Mcaffee

BYU Studies

No abstract provided.

Constitutional Interpretation And The American Tradition Of Individual Rights, Thomas B. Mcaffee

BYU Studies

No abstract provided.

Terrorism And The Constitution, Christopher L. Blakesley

BYU Studies

No abstract provided.

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …

The Constitution As Covenant, Lynn D. Wardle

BYU Studies

No abstract provided.

Substance Process And Outcome In Constitutional Theory , David Lyons

Cornell Law Review

No abstract provided.

Substance, Process And Outcome In Constitutional Theory, David B. Lyons

Faculty Scholarship

Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.

And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …

Constitutional Law And Constitutional History, Lewis H. Larue

Scholarly Articles

Not available.

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.