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Full-Text Articles in Law
Can The Fourth Amendment Keep People "Secure In Their Persons"?, Bruce A. Green
Can The Fourth Amendment Keep People "Secure In Their Persons"?, Bruce A. Green
Faculty Scholarship
No abstract provided.
Removal Of Context: Blackstone, Limited Monarchy, And The Limits Of Unitary Originalism, Jed H. Shugerman
Removal Of Context: Blackstone, Limited Monarchy, And The Limits Of Unitary Originalism, Jed H. Shugerman
Faculty Scholarship
The Supreme Court's recent decisions that the President has an unconditional or indefeasible removal power rely on textual and historical assumptions and a “removal of context.” This article focuses on the “executive power” part of the Vesting Clause and particularly the unitary theorists' misuse of Blackstone. Unitary executive theorists overlook the problems of relying on England’s limited monarchy: the era’s rise of Parliamentary supremacy over the Crown and its power to eliminate or regulate (i.e., make defeasible) royal prerogatives. Unitary theorists provide no evidence that executive removal was ever identified as a “royal prerogative" or a default royal power. The …
A Flawed Case Against Black Self-Defense, Nicholas J. Johnson
A Flawed Case Against Black Self-Defense, Nicholas J. Johnson
Faculty Scholarship
No abstract provided.
Federalism, Private Rights, And Article Iii Adjudication, John M. Golden, Thomas H. Lee
Federalism, Private Rights, And Article Iii Adjudication, John M. Golden, Thomas H. Lee
Faculty Scholarship
This Article sheds new light on the private rights/public rights distinction used by the Supreme Court to assess the extent to which the United States Constitution permits adjudication by a non-Article III federal tribunal. State courts have traditionally been the primary deciders of lawsuits over private rights—historically defined as suits regarding “the liability of one individual to another under the law as defined.” If Congress could limitlessly assign adjudication of private rights cases to federal officials lacking the life tenure and salary protections of Article III judges, the political branches of the federal government would enjoy vastly expanded authority to …