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Full-Text Articles in Law
Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz
Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch
The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch
Faculty Articles and Papers
The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts. In perhaps no other country is the legitimacy of the constitutional judge a more important issue than in the United States. Constitutional judicial review of acts of the government has had, and continues to have, a profound effect on the extent and character of public action. The constitutional decisions of the courts govern, to a significant degree, some of the most intensely controversial questions of public policy. …
Constitutional Privacy And The Just Family, Anne Dailey
Constitutional Privacy And The Just Family, Anne Dailey
Faculty Articles and Papers
No abstract provided.
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
Faculty Articles and Papers
No abstract provided.
Introduction: Observations On Teaching Griswold, Hugh Macgill
Introduction: Observations On Teaching Griswold, Hugh Macgill
Faculty Articles and Papers
No abstract provided.
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Comparative Constitutional Fundamentals, Richard Kay
Comparative Constitutional Fundamentals, Richard Kay
Faculty Articles and Papers
No abstract provided.
Review, Constitution Making: Conflict And Consensus In The Federal Convention Of 1787, Richard Kay
Review, Constitution Making: Conflict And Consensus In The Federal Convention Of 1787, Richard Kay
Faculty Articles and Papers
Reviewing Constitution Making: Conflict and Consensus in the Federal Convention of 1787. By Calvin C. Jillson., New York: Agathon Press. 1988.
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Bork Nomination And The Definition Of "The Constitution", Richard Kay
The Bork Nomination And The Definition Of "The Constitution", Richard Kay
Faculty Articles and Papers
No abstract provided.
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
Faculty Articles and Papers
In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article VI(2) instructs that the …
Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay
Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay
Faculty Articles and Papers
Reviewing Constitutional Brinkmanship: Amending the Constitution by National Convention. By Russell L. Caplan., New York: Oxford University Press. 1988.
Constitutional Cultures: Constitutional Law, Richard Kay
Constitutional Cultures: Constitutional Law, Richard Kay
Faculty Articles and Papers
Reviewing Constitutional Cultures: The Mentality and Consequences of Judicial Review. Robert F. Nagel. University of California, 1989
Common Law Antecendents Of Constitutional Law In Connecticut, Ellen Ash Peters
Common Law Antecendents Of Constitutional Law In Connecticut, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
Moral Knowledge And Constitutional Adjudication, Richard Kay
Moral Knowledge And Constitutional Adjudication, Richard Kay
Faculty Articles and Papers
No abstract provided.
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Adherence To The Original Intentions In Constitutional Adjudication: Three Objections And Responses, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Illegality Of The Constitution, Richard Kay
The Illegality Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
Faculty Articles and Papers
No abstract provided.
The Creation Of Constitutions In Canada And The United States, Richard Kay
The Creation Of Constitutions In Canada And The United States, Richard Kay
Faculty Articles and Papers
No abstract provided.
Preconstitutional Rule, Richard Kay
The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay
The Equal Protection Clause In The Supreme Court, 1873-1903, Richard Kay
Faculty Articles and Papers
No abstract provided.
Review, Democracy And Distrust, Richard Kay
Review, Democracy And Distrust, Richard Kay
Faculty Articles and Papers
Reviewing Democracy and Distrust. By John Hart Ely. Cambridge: Harvard University Press, 1980.
Review, Government By Judiciary, Richard Kay
Review, Government By Judiciary, Richard Kay
Faculty Articles and Papers
Reviewing Government by Judiciary, by Raoul Berger: Harvard University Press, Cambridge, Massachusetts, 1977
Making Sense Of The Prejudgment Seizure Cases, Richard Kay, Harold M. Lubin
Making Sense Of The Prejudgment Seizure Cases, Richard Kay, Harold M. Lubin
Faculty Articles and Papers
The purpose of this article is to examine critically four recent Supreme Court cases on prejudgment seizure, Sniadach v. Family Finance Corp., Fuentes v. Shevin, Mitchell v. W. T. Grant Co., and North Georgia Finishing, Inc. v. Di-Chem, Inc. These cases have been cited as an arch-example of inconsistency, even irrationality, in constitutional doctrine. Members of the Supreme Court and numerous scholars have expressed chagrin at the apparent irresponsible obscurity at this difficult intersection of creditors' remedies and constitutional rights. We believe, however, that the search for reasonable and rational constitutional standards is not a hopeless …
The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill
The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill
Faculty Articles and Papers
No abstract provided.
The Constitutionality Of State Law Protection Of Sound Recordings, Lewis Kurlantzick
The Constitutionality Of State Law Protection Of Sound Recordings, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.