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Full-Text Articles in Law
Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro
Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro
Faculty Scholarship
No abstract provided.
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Faculty Scholarship
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on the present Constitution.” he writes, “is similar to driving a car with very bad brakes and slick tires.” Much commentary on Our Undemocratic Constitution implicitly challenges the automotive metaphor. The Constitution of the United States, supporters profess, is not really as bad as Levinson would have us believe. The following pages take a road less traveled. Ancient constitutional institutions in the United States are suffering from severe wear and tear. Nevertheless, decisions to drive a comparatively unsafe car are often …
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Faculty Scholarship
The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …
Natural Rights And Positive Law: A Comment On Professor Mcaffee's Paper, Philip A. Hamburger
Natural Rights And Positive Law: A Comment On Professor Mcaffee's Paper, Philip A. Hamburger
Faculty Scholarship
Were the rights retained by the people defined by positive law? This is the issue explored by Professor McAffee and various other scholars who dispute the history of the Ninth Amendment. Surveying the work of these other historians, Professor McAffee distinguishes between those who argue that the framers and ratifiers were "positivists" and those who attribute to the framers and ratifiers a so-called "natural-law" or "natural-rights" perspective-the latter being the view that the rights retained by the people included rights not delineated by the United States Constitution. McAffee rejects this latter point of view in favor of the positivist interpretation …