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Articles 358771 - 358800 of 1196147
Full-Text Articles in Entire DC Network
The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art
The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art
Northwestern University Law Review
Nearly a century ago, the Seventeenth Amendment to the U.S. Constitution worked a substantial change in American government, dictating that the people should elect their senators by popular vote. Despite its significance, there has been little written about what the Amendment means or how it works. This Article provides a comprehensive interpretation of the Seventeenth Amendment based on the text of the Amendment and a variety of other sources: historical and textual antecedents, relevant Supreme Court decisions, the complete debates in Congress, and the social and political factors that led to this new constitutional provision. Among other things, this analysis …
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander
The Chief Justice, The Appointment Of Inferior Officers, And The "Court Of Law" Requirement, James E. Pfander
Northwestern University Law Review
In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such officers as the director of the Administrative Office of the U.S. Courts. Although critics worry that the Chief may use his appointment role to shape Third Branch policy unduly, scholars view the role as constitutionally benign. This Article questions the Chief’s role. The Constitution authorizes Congress to vest the appointment of inferior officers in the “courts of law” but not the Chief Justice. History teaches …
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Northwestern University Law Review
No abstract provided.
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen Rostron
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen Rostron
Northwestern University Law Review
No abstract provided.
Distressing Speech After Snyder—What's Left Of Iied?, Andrew Meerkins
Distressing Speech After Snyder—What's Left Of Iied?, Andrew Meerkins
Northwestern University Law Review
No abstract provided.
The Presidential Role In The Constitutional Amendment Process, Sopan Joshi
The Presidential Role In The Constitutional Amendment Process, Sopan Joshi
Northwestern University Law Review
No abstract provided.
The Cyber-Samaritans: Exploring Criminal Liability For The "Innocent" Bystanders Of Cyberbullying, Heather Benzmiller
The Cyber-Samaritans: Exploring Criminal Liability For The "Innocent" Bystanders Of Cyberbullying, Heather Benzmiller
Northwestern University Law Review
No abstract provided.
In Class With Marty From Highland Park, Christopher S. Yoo
In Class With Marty From Highland Park, Christopher S. Yoo
Northwestern University Law Review
No abstract provided.
The Corporate Right To Speak Freely About Macho Federalist Tensions In Times Of Political Repression: What Every Venusian Should Know, Andrew I. Gavil
The Corporate Right To Speak Freely About Macho Federalist Tensions In Times Of Political Repression: What Every Venusian Should Know, Andrew I. Gavil
Northwestern University Law Review
No abstract provided.
A Great Scholar And A Great Man, Matthew B. Arnould
A Great Scholar And A Great Man, Matthew B. Arnould
Northwestern University Law Review
No abstract provided.
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
Northwestern University Law Review
No abstract provided.
Abstention, Separation Of Powers, And Recasting The Meaning Of Judicial Restraint, William P. Marshall
Abstention, Separation Of Powers, And Recasting The Meaning Of Judicial Restraint, William P. Marshall
Northwestern University Law Review
No abstract provided.
Why Abstention Is Not Illegitimate: An Essay On The Distinction Between "Legitimate" And "Illegitimate" Statutory Interpretation And Judicial Lawmaking, Richard H. Fallon Jr.
Why Abstention Is Not Illegitimate: An Essay On The Distinction Between "Legitimate" And "Illegitimate" Statutory Interpretation And Judicial Lawmaking, Richard H. Fallon Jr.
Northwestern University Law Review
No abstract provided.
Hacking Speech: Informational Speech And The First Amendment, Andrea M. Matwyshyn
Hacking Speech: Informational Speech And The First Amendment, Andrea M. Matwyshyn
Northwestern University Law Review
No abstract provided.
One-To-One Speech Vs. One-To-Many Speech, Criminal Harassment Laws, And "Cyberstalking", Eugene Volokh
One-To-One Speech Vs. One-To-Many Speech, Criminal Harassment Laws, And "Cyberstalking", Eugene Volokh
Northwestern University Law Review
No abstract provided.
Veil Of Ignorance: Tunnel Constructivism In Free Speech Theory, Andrew Koppelman
Veil Of Ignorance: Tunnel Constructivism In Free Speech Theory, Andrew Koppelman
Northwestern University Law Review
No abstract provided.
Value Democracy As The Basis For Viewpoint Neutrality: A Theory Of Free Speech And Its Implications For The State Speech And Limited Public Forum Doctrines, Corey Brettschneider
Value Democracy As The Basis For Viewpoint Neutrality: A Theory Of Free Speech And Its Implications For The State Speech And Limited Public Forum Doctrines, Corey Brettschneider
Northwestern University Law Review
No abstract provided.
Superiority As Unity, Jay Tidmarsh
Superiority As Unity, Jay Tidmarsh
Northwestern University Law Review
No abstract provided.
Aggregate Litigation And The Death Of Democratic Dispute Resolution, Linda S. Mullenix
Aggregate Litigation And The Death Of Democratic Dispute Resolution, Linda S. Mullenix
Northwestern University Law Review
No abstract provided.
Bomb Throwing, Democratic Theory, And Basic Values—A New Path To Procedural Harmonization?, Richard Marcus
Bomb Throwing, Democratic Theory, And Basic Values—A New Path To Procedural Harmonization?, Richard Marcus
Northwestern University Law Review
No abstract provided.
The Continuing Gloom About Federal Judicial Rulemaking, Richard D. Freer
The Continuing Gloom About Federal Judicial Rulemaking, Richard D. Freer
Northwestern University Law Review
No abstract provided.
Preface, James E. Pfander
Citizens United And The Scope Of Professor Teachout's Anti-Corruption Principle, Seth Barrett Tillman
Citizens United And The Scope Of Professor Teachout's Anti-Corruption Principle, Seth Barrett Tillman
Northwestern University Law Review
No abstract provided.
The Kill Switch: The New Battle Over Presidential Recess Appointments, Jeff Vandam
The Kill Switch: The New Battle Over Presidential Recess Appointments, Jeff Vandam
Northwestern University Law Review
No abstract provided.
Transfer Taxes In Flux: A Comparison Of Alternative Plans For Grat Reform, Samuel R. Scarcello
Transfer Taxes In Flux: A Comparison Of Alternative Plans For Grat Reform, Samuel R. Scarcello
Northwestern University Law Review
No abstract provided.
You Can't Go Holmes Again, Lumen N. Mulligan
You Can't Go Holmes Again, Lumen N. Mulligan
Northwestern University Law Review
No abstract provided.
The Standing Doctrine's Dirty Little Secret, Evan Tsen Lee, Josephine Mason Ellis
The Standing Doctrine's Dirty Little Secret, Evan Tsen Lee, Josephine Mason Ellis
Northwestern University Law Review
No abstract provided.
Settling The Confusion: Applying Federal Common Law In Settlement Enforcement Proceedings Arising From Federal Claims, Morton Denlow, Jonny Zajac
Settling The Confusion: Applying Federal Common Law In Settlement Enforcement Proceedings Arising From Federal Claims, Morton Denlow, Jonny Zajac
Northwestern University Law Review
No abstract provided.
Spatial Legality, Anthony J. Colangelo
Spatial Legality, Anthony J. Colangelo
Northwestern University Law Review
No abstract provided.
Cracking Open The Classroom Door: Developing A First Amendment Standard For Curricular Speech, Nicholas K. Tygesson
Cracking Open The Classroom Door: Developing A First Amendment Standard For Curricular Speech, Nicholas K. Tygesson
Northwestern University Law Review
Around this country, courts have found that the discharge of public school teachers for their classroom speech does not implicate the First Amendment. Others have protected this speech, but only by importing analytical approaches from other areas of law ill suited to the unique interests at play in America’s public schools. The resulting patchwork of doctrinal approaches provides little clarity for courts and only illusory protection for teachers. This Note will start from scratch, examining the first principles at play in public school classrooms and tailoring a First Amendment approach to respect the needs of government, teachers, and students. When …