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Articles 1 - 5 of 5

Full-Text Articles in Law

Foreign Affairs Law And Democracy, Phillip R. Trimble May 1991

Foreign Affairs Law And Democracy, Phillip R. Trimble

Michigan Law Review

A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin


Trial By Jury Jan 1991

Trial By Jury

Touro Law Review

No abstract provided.


The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell Jan 1991

The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell

University of Richmond Law Review

The Bill of Rights secured the individual freedoms that constitute the mainstay of American liberty. The Framers of the Constitution did not include these vital rights in the original version of the document. In fact, the first ten amendments were proposed by Congress to secure ratification of the Constitution and, more importantly, to prevent a second constitutional convention.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman Jan 1991

Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman

Articles

Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …