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Full-Text Articles in Law

Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza Oct 2017

Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza

Faculty Scholarship

No abstract provided.


Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson Jul 2017

Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson

Faculty Scholarship

The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law” – from the principle of legality forbidding executive or judicial action in the absence of law to the requirement of notice before valid judicial judgments to a limitation on arbitrary governmental action that today goes under the heading of “substantive due process” – is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process …


Contemplating Masterpiece Cakeshop, Terri R. Day Jan 2017

Contemplating Masterpiece Cakeshop, Terri R. Day

Faculty Scholarship

No abstract provided.