Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 42 of 42

Full-Text Articles in Law

Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young Jan 2005

Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young

Faculty Scholarship

No abstract provided.


Constitutional Design: Proposals Versus Processes, Donald L. Horowitz Jan 2002

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2001

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.


Constitutional Design: An Oxymoron?, Donald L. Horowitz Jan 2000

Constitutional Design: An Oxymoron?, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


Commentary: Noam Chomsky And Judicial Review, James G. Wilson Jan 1996

Commentary: Noam Chomsky And Judicial Review, James G. Wilson

Law Faculty Articles and Essays

Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …


American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson Jan 1992

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Law Faculty Articles and Essays

The concept of nonjusticiability, reflected primarily through the “political question” and the “standing” doctrines, fails to give the Supreme Court (and the rest of us) adequate guidance on how to resolve many constitutional disputes, such as impeachment procedures and standards, congressional expulsions, the scope of federal court jurisdiction, and the use of force abroad. These two doctrines put the Supreme Court on the horns of a false dichotomy. The Court tends to withdraw completely from an issue and from enforcing a textual passage, such as the Republican Guarantee Clause, whenever it makes a determination of nonjusticiability. Conversely, once the Court …


Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne Jan 1991

Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne

Faculty Scholarship

This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.


Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson Jan 1990

Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson

Law Faculty Articles and Essays

This Article initially will compare the United States Constitution and the British constitution both to evaluate Young, Morrison, and Misretta, and to develop a sounder approach to all structural issues. Comparative constitutional law provides some of the "experience" needed to decide abstract structural cases. Predicting the reverberations of a proposed change within a system will be easier if one has studied how similar alterations have affected similar organizations. The British constitution is particularly germane because it was a model for the American Constitution. The two countries have a shared legal tradition and frequently generate similar positive law. The British constitution …


Charge Of Chief Justice Durfee, Job Durfee Mar 1842

Charge Of Chief Justice Durfee, Job Durfee

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


To The Members Of The General Assembly Of Rhode Island, John Pitman Jan 1842

To The Members Of The General Assembly Of Rhode Island, John Pitman

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


Address On The Right Of Suffrage, Seth Luther Dec 1832

Address On The Right Of Suffrage, Seth Luther

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.


Extension Of Suffrage, B. Hazard Jan 1829

Extension Of Suffrage, B. Hazard

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.