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Articles 1 - 17 of 17
Full-Text Articles in Law
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Indiana Law Journal
No abstract provided.
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier
When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier
Michigan Law Review
This Note argues that courts should interpret the Constitution to allow the President to make recess appointments only during intersession recesses of the Senate. Part I chronicles the history of presidential recess appointments. This Part highlights the increasing frequency of, and questionable need for, intrasession recess appointments in the past twenty-five years. Part II examines the text of the Recess Appointments Clause and the intentions of the Framers regarding the scope of the clause and the appointment power in general. This Part argues that the text and the Framers' intentions indicate that the President's power to make recess appointments should …
The Constitution Of Reasons, Robin L. West
The Constitution Of Reasons, Robin L. West
Michigan Law Review
A Review of The Partial Constitution by Cass R. Sunstein
The Interpretable Constitution, Steven C. Coberly
The Interpretable Constitution, Steven C. Coberly
Michigan Law Review
A Review of The Interpretable Constitution by William F. Harris II
Moses And Modernism, Neil H. Cogan
Moses And Modernism, Neil H. Cogan
Michigan Law Review
A Review of The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties by Patrick T. Conley and John P. Kaminski and State Constitutional Law: Litigating Individual Rights, Claims and Defenses by Jennifer Friesen and Reference Guides to the State Constitutions of the United States
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Scholarship Chronologically
The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Michigan Law Review
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …
Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay
Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay
Faculty Publications
The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States 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.
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
The Rise And Rise Of The Administrative State, Gary S. Lawson
The Rise And Rise Of The Administrative State, Gary S. Lawson
Faculty Scholarship
The post-New Deal administrative state is unconstitutional, and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. The original New Dealers were aware, at least to some degree, that their vision of the national government's proper role and structure could not be squared with the written Constitution: The Administrative Process, James Landis's classic exposition of the New Deal model of administration, fairly drips with contempt for the idea of a limited national government subject to a formal, tripartite separation of powers. Faced with a choice between the administrative state and the Constitution, the architects …
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
Articles
No abstract provided.
Constitutional Implications Of Acquisition-Value Real Property Taxation: The Elusive Rational Basis, Mary Lafrance
Constitutional Implications Of Acquisition-Value Real Property Taxation: The Elusive Rational Basis, Mary Lafrance
Scholarly Works
This article is the first in a two-part series addressing the constitutional implications of acquisition-value real property taxation. Acquisition-value real property taxation systems represent a departure from the traditional practice of taxing real property on its current fair market value. In contrast to traditional systems, which are still employed by the vast majority of states, under acquisition- value taxation a real estate owner's property tax liability is determined by the value of the property when the taxpayer acquired it. In periods of rising real estate prices, such a scheme compels later buyers to shoulder a higher annual tax liability than …
Constitutional Implications Of Acquisition-Value Real Property Taxation: Assessing The Burdens On Travel And Commerce, Mary Lafrance
Constitutional Implications Of Acquisition-Value Real Property Taxation: Assessing The Burdens On Travel And Commerce, Mary Lafrance
Scholarly Works
This article is the second in a two-part series addressing the constitutional implications of acquisition-value real property taxation. This Article addresses constitutional issues raised by systems of real property taxation that base a property owner's tax assessment not on the current value of the property but on its value on the date the taxpayer acquired it. The first Article in this series described the operation of acquisition-value systems of real property taxation such as those adopted by California in 1978 and Florida in 1992, and evaluated the equal protection challenges to the California system (“Proposition 13”) which culminated in the …
The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers
The Constitutional Law Of Abortion In Germany: Should Americans Pay Attention?, Donald P. Kommers
Journal Articles
What I plan to do here is to tell you the story of Germany's legal approach to abortion and offer some tentative conclusions about what we Americans might learn from the German experience. My story centers mainly on the constitutionality of efforts in Germany to remove legal restrictions on abortion. In the United States, the story has a different twist, for there it centers on the constitutionality of efforts to impose legal restrictions on abortion. Both stories are fascinating accounts of constitutional decisionmaking, revealing as much about the values of the two societies as about the role of judicial review …