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Full-Text Articles in Law
Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins
Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins
Law Faculty Articles and Essays
Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)
Conservatism And The Rehnquist Court, David F. Forte
Conservatism And The Rehnquist Court, David F. Forte
Law Faculty Articles and Essays
Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
Law Faculty Articles and Essays
The authors provide varying opinions on the Second Amendment.
Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever
Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever
Law Faculty Articles and Essays
The author considers the Articles, first on the world's stage as a landmark. He next treats the Articles as a means of readying the Framers for constitution-making in 1787. The Articles would be a crucible, training ground, and failed model to draw upon. He then discusses the pragmatic and complex legal culture which produced the Articles, and ultimately, our open-textured Constitution.
Ideology And History, David F. Forte
Ideology And History, David F. Forte
Law Faculty Articles and Essays
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …