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Articles 1 - 5 of 5
Full-Text Articles in Law
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
The Idea Of The Common Law In West Virginia Jurisprudential History: Morningstar V. Black & Decker Revisited, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
Guns, Extremists, And The Constitution, Calvin Massey
Guns, Extremists, And The Constitution, Calvin Massey
Washington and Lee Law Review
No abstract provided.
The Jurisprudence Of Tradition And Justice Scalia's Unwritten Constitution, J. Richard Broughton
The Jurisprudence Of Tradition And Justice Scalia's Unwritten Constitution, J. Richard Broughton
West Virginia Law Review
No abstract provided.
Thinking About The Constitution At The Cusp, Mark V. Tushnet
Thinking About The Constitution At The Cusp, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
What do I mean in saying that we need to think about the Constitution "at the cusp?" I have in mind an image in which we have one way of thinking about the Constitution on one side of a line, and another way of thinking about the Constitution on the other. My sense is that we may have crossed such a line quite recently. I believe that we may be in a new constitutional order, different from the New Deal-Great Society constitutional order that existed from 1937 to sometime in the 1980s. If so, those of us who have been …
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman
Journal Articles
This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …