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Articles 61 - 77 of 77
Full-Text Articles in Law
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki
Finding The Constitution: An Economic Analysis Of Tradition's Role In Constitutional Interpretation, Adam C. Pritchard, Todd J. Zywicki
Articles
In this Article, Professor Pritchard and Professor Zywicki examine the role of tradition in constitutional interpretation, a topic that has received significant attention in recent years. After outlining the current debate over the use of tradition, the authors discuss the efficiency purposes of constitutionalism--precommitment and the reduction of agency costs--and demonstrate how the use of tradition in constitutional interpretation can serve these purposes. Rejecting both Justice Scalia's majoritarian model, which focuses on legislative sources of tradition, and Justice Souter's common-law model, which focuses on Supreme Court precedent as a source of tradition, the authors propose an alternative model--the "finding model"-- …
Nineteenth-Century Orthodoxy, Richard B. Collins
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
Publications
No abstract provided.
The Future Of Federalism, Robert F. Nagel
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
Selective Incorporation Revisited, Jerold H. Israel
Selective Incorporation Revisited, Jerold H. Israel
Articles
In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Publications
No abstract provided.
Federalism And Social Change, Terrance Sandalow
Federalism And Social Change, Terrance Sandalow
Articles
A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Articles
Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …