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Full-Text Articles in Law

The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf Feb 2015

The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Whose Ox Is Being Gored? When Attitudinalism Meets Federalism, Michael C. Dorf Feb 2015

Whose Ox Is Being Gored? When Attitudinalism Meets Federalism, Michael C. Dorf

Michael C. Dorf

Empirical research indicates that factors such as an individual Justice's general political ideology play a substantial role in the decision of Supreme Court cases. Although this pattern holds in federalism cases, views about the proper allocation of authority between the state and federal governments - independent of whether the particular outcome in any given case is "liberal" or "conservative" - can sometimes be decisive, as demonstrated by the 2005 decision in Gonzales v. Raich, in which "conservative" Justices voted to invalidate a strict federal drug provision in light of California's legalization of medical marijuana, and "liberal" Justices voted to uphold …


Interpretive Holism And The Structural Method, Or How Charles Black Might Have Thought About Campaign Finance Reform And Congressional Timidity, Michael C. Dorf Feb 2015

Interpretive Holism And The Structural Method, Or How Charles Black Might Have Thought About Campaign Finance Reform And Congressional Timidity, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Identity Politics And The Second Amendment, Michael C. Dorf Feb 2015

Identity Politics And The Second Amendment, Michael C. Dorf

Michael C. Dorf

No abstract provided.


Our Undemocratic Constitution: Where The Constitution Goes Wrong (And How We The People Can Correct It), Michael C. Dorf Feb 2015

Our Undemocratic Constitution: Where The Constitution Goes Wrong (And How We The People Can Correct It), Michael C. Dorf

Michael C. Dorf

No abstract provided.