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Full-Text Articles in Law
Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein
Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
West Virginia Law Review
No abstract provided.
Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele
Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele
Georgia Journal of International & Comparative Law
No abstract provided.
Answering The Serious Constitutional Question: Ensuing Meaningful Review Of All Constitutional Claims, George Bach
Answering The Serious Constitutional Question: Ensuing Meaningful Review Of All Constitutional Claims, George Bach
West Virginia Law Review
No abstract provided.
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
West Virginia Law Review
No abstract provided.
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
West Virginia Law Review
No abstract provided.
The Hercules Of Helena: Justice James C. Nelson And The Jurisprudence Of Principle, Anthony Johnstone
The Hercules Of Helena: Justice James C. Nelson And The Jurisprudence Of Principle, Anthony Johnstone
Montana Law Review
The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss
Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss
Washington and Lee Law Review
Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international law, statutory, and common law to protect fundamental rights and restrain government action. This Article uncovers the forgotten history of nineteenth century public law litigation. Professors Post and Siegel have advocated “policentric constitutional interpretation,” wherein the Supreme Court shares authority for constitutional interpretation with other actors. By analogy, this Article introduces the …
Resolving The Alj Quandary, Kent Barnett
Resolving The Alj Quandary, Kent Barnett
Journal of the National Association of Administrative Law Judiciary
Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
The Obligation Of Members Of Congress To Consider Constitutionality While Deliberating And Voting: The Deficiencies Of House Rule Xii And A Proposed Rule For The Senate, Russ Feingold
Vanderbilt Law Review
Most scholarly attention on constitutional interpretation is focused on the judicial branch and its role in our system of separation of powers. Nonetheless, constitutional interpretation should not take place solely in the courts. Rather, history suggests our Framers envisioned that members of Congress, as well as the President and the courts, would have an independent and important role to play in interpreting our Constitution. Yet this obligation has eroded such that House Speaker John Boehner, with the support of the Tea Party and his Republican colleagues, called for a "sea change" in the way the House of Representatives operates, with …
The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt
The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Genetics, Race And Substantive Due Process, Christian B. Sundquist
Genetics, Race And Substantive Due Process, Christian B. Sundquist
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Roe'S Effects On Family Law, Lynne Marie Kohm
Roe'S Effects On Family Law, Lynne Marie Kohm
Washington and Lee Law Review
No abstract provided.
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
Washington and Lee Law Review
No abstract provided.
Abortion Distortions, Caroline Mala Corbin
Abortion Distortions, Caroline Mala Corbin
Washington and Lee Law Review
No abstract provided.
How Roe V. Wade Was Written, David J. Garrow
How Roe V. Wade Was Written, David J. Garrow
Washington and Lee Law Review
No abstract provided.
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Washington and Lee Law Review
No abstract provided.
Previability Abortion And The Pain Of The Unborn, Teresa S. Collett
Previability Abortion And The Pain Of The Unborn, Teresa S. Collett
Washington and Lee Law Review
No abstract provided.
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Washington and Lee Law Review
No abstract provided.
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
Washington and Lee Law Review
No abstract provided.
Innocent Burdens, James Edwin Mahon
Innocent Burdens, James Edwin Mahon
Washington and Lee Law Review
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Washington and Lee Law Review
No abstract provided.