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Articles 1 - 19 of 19
Full-Text Articles in Law
Privatizing And Publicizing Speech, Nelson Tebbe
Privatizing And Publicizing Speech, Nelson Tebbe
NULR Online
When should we allow governments to deploy private-law rules in order to circumvent public-law obligations? Two cases this year call that question to mind. They ask the Supreme Court to explore interactions between property law and constitutional rules concerning free speech and antiestablishment.
On the one hand, the Court recently handed down Pleasant Grove City v. Summum, which involved a Ten Commandments monument that a private religious organization donated to a city. The Court concluded that the permanent monument became government speech when the city accepted the gift, displayed it in a municipal park, and formally took ownership of …
Imperfect Oaths, The Primed President, And An Abundance Of Constitutional Caution, Bruce Peabody
Imperfect Oaths, The Primed President, And An Abundance Of Constitutional Caution, Bruce Peabody
NULR Online
Presidential inaugurations frequently invite widespread civic celebration, the broad rhetoric of an incoming Chief Executive, and traditions stretching back for decades and even centuries. The inaugural ceremonies of January 20, 2009 offered all this and something more: a set of important constitutional puzzles radiating from Barack Obama’s imperfect recitation of his oath of office.
At 12:04 p.m., Mr. Obama attempted to fulfill the Constitution’s requirement that each President take a prescribed thirty-five word oath “[b]efore he enter on the Execution of his Office . . . .” During the recitation, Chief Justice John Roberts (who was administering the oath) prompted …
Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson
Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson
NULR Online
No abstract provided.
Lost In Space: Laurence Tribe's Invisible Constitution, Eric J. Segall
Lost In Space: Laurence Tribe's Invisible Constitution, Eric J. Segall
NULR Online
No abstract provided.
St. George Tucker's Lecture Notes, The Second Amendment, And Originalist Methodology: A Critical Comment, Saul Cornell
St. George Tucker's Lecture Notes, The Second Amendment, And Originalist Methodology: A Critical Comment, Saul Cornell
NULR Online
No abstract provided.
The Permanent And Presidential Transition Models Of Political Party Policy Leadership, David Fontana
The Permanent And Presidential Transition Models Of Political Party Policy Leadership, David Fontana
NULR Online
No abstract provided.
The Lds Church, Proposition 8, And The Federal Law Of Charities, Brian Galle
The Lds Church, Proposition 8, And The Federal Law Of Charities, Brian Galle
NULR Online
No abstract provided.
Combating Midnight Regulation, Jack M. Beermann
Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff
Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff
NULR Online
No abstract provided.
Keeping Recess Appointments In Their Place, Brian C. Kalt
Keeping Recess Appointments In Their Place, Brian C. Kalt
NULR Online
No abstract provided.
Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman
Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman
NULR Online
No abstract provided.
Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman
Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman
NULR Online
No abstract provided.
Keeping Tillman Adjournments In Their Place: A Rejoinder To Seth Barrett Tillman, Brian C. Kalt
Keeping Tillman Adjournments In Their Place: A Rejoinder To Seth Barrett Tillman, Brian C. Kalt
NULR Online
No abstract provided.
The Number Of States And The Economics Of American Federalism, Steven G. Calabresi, Nicholas K. Terrell
The Number Of States And The Economics Of American Federalism, Steven G. Calabresi, Nicholas K. Terrell
Faculty Working Papers
In 1789 it was possible to speak of a federation of distinct States joined together for their mutual advantage, but today it is rather the Nation that is divided into subnational units. What caused this shift in focus from the States to the Federal Government? Surely the transformation from a collection of thirteen historically separate States clustered along the Atlantic seaboard to a group of fifty States largely carved out of Federal territory has played a role. Building on previous analysis of the economics of federalism, this essay considers the dynamic effects of increasing the number of states on the …
The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich
The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich
Faculty Working Papers
This Article examines whether the "Define and Punish" clause of the Constitution empowers Congress to criminalize foreign conduct unconnected to the United States. Answering this question requires exploring the Constitution's "Piracies and Felonies" provision. While it is hard to believe this can still be said of any constitutional provision, no previous work has examined the scope of the "Piracies and Felonies" powers. Yet the importance of this inquiry is more than academic. Despite its obscurity, the Piracies and Felonies power is the purported Art. I basis for a statute currently in force, which represents Congress's most aggressive use of universal …
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander
Faculty Working Papers
In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right of an individual to sue federal government officials for a violation of constitutional rights. Drawing on interviews with some of the participants, including Webster Bivens himself and one of the agents who conducted the search, this chapter in the forthcoming book Federal Courts' Stories describes the events that led to the litigation and the complex array of factors that informed the Court's approach to the case. After placing the Bivens decision in context, the chapter evaluates the competing narratives that have grown …
Rethinking Bivens: Legitimacy And Constitutional Adjudication, James E. Pfander, David Baltmanis
Rethinking Bivens: Legitimacy And Constitutional Adjudication, James E. Pfander, David Baltmanis
Faculty Working Papers
The Supreme Court's decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics provides an uncertain framework for the enforcement of constitutional rights against the federal government. Rather than recognizing a federal common law right of action for use in every case, the Court views itself as devising actions on a case-by-case basis in light of a range of factors. Critics on all sides question the Court's approach, doubting either its power to fashion federal common law or the tendency of its case-by-case analysis to create gaps in constitutional enforcement. Particularly when compared with actions under …
Originalism And The Difficulties Of History In Foreign Affairs, Eugene Kontorovich
Originalism And The Difficulties Of History In Foreign Affairs, Eugene Kontorovich
Faculty Working Papers
This Article spotlights some of the idiosyncratic features of admiralty law at the time of the founding. These features pose challenges for applying the original understanding of the Constitution to contemporary questions of foreign relations. Federal admiralty courts were unusual creatures by Article III standards. They sat as international tribunals applying international and foreign law, freely hearing cases that implicated sensitive questions of foreign policy, and liberally exercising universal jurisdiction over disputes solely between foreigners. However, these powers did not arise out of the basic features of Article III, but rather from a felt need to opt into the preexisting …
Religious Establishment And Autonomy, Andrew Koppelman
Religious Establishment And Autonomy, Andrew Koppelman
Faculty Working Papers
Kent Greenawalt claims that one rationale for nonestablishment of religion is personal autonomy. If, however, the law is barred from manipulating people in religious directions (and thus violating their autonomy), while it remains free to manipulate them in nonreligious directions (and thus violate their autonomy in exactly the same way), autonomy as such is not what is being protected. The most promising alternative is to understand religion as a distinctive human good that is being protected from government interference.