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Full-Text Articles in Law

2012 Supplement To The American Constitutional Order: History, Cases, And Philosophy, John Eastman, Douglas Kmiec, Stephen Presser, Raymond Marcin Dec 2011

2012 Supplement To The American Constitutional Order: History, Cases, And Philosophy, John Eastman, Douglas Kmiec, Stephen Presser, Raymond Marcin

John C. Eastman

No abstract provided.


The American Constitutional Order: History, Cases, And Philosophy, John Eastman, Douglas Kmiec, Stephen Presser, Raymond Marcin Dec 2009

The American Constitutional Order: History, Cases, And Philosophy, John Eastman, Douglas Kmiec, Stephen Presser, Raymond Marcin

John C. Eastman

No abstract provided.


Book Review: John Yoo, Crisis And Command: A History Of Executive Power From George Washington To George Bush, John Eastman Dec 2009

Book Review: John Yoo, Crisis And Command: A History Of Executive Power From George Washington To George Bush, John Eastman

John C. Eastman

No abstract provided.


The American Constitutional Order: History, Cases, And Philosophy, John Eastman Dec 2008

The American Constitutional Order: History, Cases, And Philosophy, John Eastman

John C. Eastman

No abstract provided.


The Moral Conditions Of Liberty, John Eastman Dec 2008

The Moral Conditions Of Liberty, John Eastman

John C. Eastman

No abstract provided.


Individual Rights And The American Constitution, John Eastman Dec 2008

Individual Rights And The American Constitution, John Eastman

John C. Eastman

No abstract provided.


The Founders' Intent, Constitutional Provisions, And Limits On Spending Power And Delegation, John Eastman Dec 2008

The Founders' Intent, Constitutional Provisions, And Limits On Spending Power And Delegation, John Eastman

John C. Eastman

No abstract provided.


The History, Philosophy, And Structure Of The American Constitution, John Eastman Dec 2008

The History, Philosophy, And Structure Of The American Constitution, John Eastman

John C. Eastman

No abstract provided.


Born In The U.S.A.? Re-Assessing Birthright Citizenship In The Wake Of 9/11, John Eastman Dec 2007

Born In The U.S.A.? Re-Assessing Birthright Citizenship In The Wake Of 9/11, John Eastman

John C. Eastman

No abstract provided.


The American Constitutional Order: History, Cases, And Philosophy, John Eastman Dec 2007

The American Constitutional Order: History, Cases, And Philosophy, John Eastman

John C. Eastman

No abstract provided.


The Spending Clause, John Eastman Dec 2007

The Spending Clause, John Eastman

John C. Eastman

No abstract provided.


Marriage Equality In California: Legal And Political Prospects, John Eastman Dec 2006

Marriage Equality In California: Legal And Political Prospects, John Eastman

John C. Eastman

No abstract provided.


Constitutions, John Eastman Dec 2005

Constitutions, John Eastman

John C. Eastman

In the past decade, a number of state courts have found a new "fundamental right" to education in centuries-old state constitutional provisions. These courts have then used the fundamental rights determinations to establish levels of educational funding that, in the court's view, are required to be constitutionally "adequate", and even to mandate the content of the curriculum itself, ignoring considered legislative judgments to the contrary in the process. In this paper, I explore the historical understanding of the actual language of the state constitutional provisions on which these new state court decisions rest, concluding that in almost every instance the …


Federal Legislation And States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, And Wiccan Worship In State Prisons, John Eastman Dec 2004

Federal Legislation And States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, And Wiccan Worship In State Prisons, John Eastman

John C. Eastman

No abstract provided.


The Tax And Spend Clause, John Eastman Dec 2004

The Tax And Spend Clause, John Eastman

John C. Eastman

No abstract provided.


The Land Grant Clause, John Eastman Dec 2004

The Land Grant Clause, John Eastman

John C. Eastman

No abstract provided.


The 27th Amendment, John Eastman Dec 2004

The 27th Amendment, John Eastman

John C. Eastman

No abstract provided.


Federal Legislation And States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, And Wiccan Worship In State Prisons, John Eastman Dec 2004

Federal Legislation And States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, And Wiccan Worship In State Prisons, John Eastman

John C. Eastman

No abstract provided.


A Fistful Of Denial: The Supreme Court Takes A Pass On Commerce Clause Challenges To Environmental Laws, John Eastman Dec 2003

A Fistful Of Denial: The Supreme Court Takes A Pass On Commerce Clause Challenges To Environmental Laws, John Eastman

John C. Eastman

Ever since the Supreme Court's landmark decision in United States v. Lopez invalidating the Gun-Free School Zones Act as beyond the scope of Congress's Commerce Clause power, scholarly commentators from both sides of the ideological spectrum have wondered whether the Court would apply the reasoning of that case in the context of federal environmental laws. Many agreed that, if faithfully applied, Lopez sounded a death knell for a slew of environmental legislation that had at best only a tenuous connection with interstate commerce. For some, that was even more reason to deride the Lopez decision, but for originalists, it was …


The American Constitutional Order: History, Cases, And Philosophy, John Eastman Dec 2003

The American Constitutional Order: History, Cases, And Philosophy, John Eastman

John C. Eastman

No abstract provided.


The History, Philosophy, And Structure Of The American Constitution, John Eastman Dec 2003

The History, Philosophy, And Structure Of The American Constitution, John Eastman

John C. Eastman

No abstract provided.


Individual Rights And The American Constitution, John Eastman Dec 2003

Individual Rights And The American Constitution, John Eastman

John C. Eastman

No abstract provided.


Honoring The Oath Of Office: Ideology In Judicial Confirmation, John Eastman Dec 2003

Honoring The Oath Of Office: Ideology In Judicial Confirmation, John Eastman

John C. Eastman

No abstract provided.


"Altered States," Review Of John T. Noonan, Jr., Narrowing The Nation's Power: The Supreme Court Sides With The States, John Eastman Dec 2002

"Altered States," Review Of John T. Noonan, Jr., Narrowing The Nation's Power: The Supreme Court Sides With The States, John Eastman

John C. Eastman

No abstract provided.


The American Constitutional Order: History, Cases, And Philosophy, John Eastman Dec 2002

The American Constitutional Order: History, Cases, And Philosophy, John Eastman

John C. Eastman

No abstract provided.


A Seminole Dissent?, John Eastman Dec 2001

A Seminole Dissent?, John Eastman

John C. Eastman

This article, part of a symposium on the Rehnquist Court's 11th Amendment jurisprudence, contends that the Court's holding in Seminole Tribe v. Florida, is inconsistent with the original understanding of the 11th Amendment. While the 11th Amendment recognized state sovereignty, it did so only over areas where the states remained sovereign, not over areas that had been delegated to the national government. Properly understood, therefore, state sovereign immunity from suit in federal court applies only to the diversity jurisdiction of the federal courts, not the federal question jurisdiction.


The American Constitutional Order: History, Cases, And Philosophy, 2002 Supplement, John Eastman Dec 2001

The American Constitutional Order: History, Cases, And Philosophy, 2002 Supplement, John Eastman

John C. Eastman

No abstract provided.


Justice Stephen Field: Frontier Justice Or Justice At The Natural Rights Frontier?, John Eastman Dec 2000

Justice Stephen Field: Frontier Justice Or Justice At The Natural Rights Frontier?, John Eastman

John C. Eastman

Produced for a conference by the Claremont Institute commemmorating the 150th Anniversary of California statehood, this article explores the jurisprudential philosophy of one of California's great jurists, Supreme Court Justice Stephen Field. From his decisions dealing with property rights, government regulation, and Chinese exclusion statutes, Justice Field consistently demonstrated a deep understanding of the natural law principles that provide the foundation of legitimacy for republican government.


Strictly Scrutinizing Campaign Finance Restrictions (& The Courts That Judge Them), John Eastman Dec 1999

Strictly Scrutinizing Campaign Finance Restrictions (& The Courts That Judge Them), John Eastman

John C. Eastman

No abstract provided.


Fair Interpretation: Founding Fathers Didn’T Intend To Ban Voluntary Prayer At School Functions, John Eastman Dec 1999

Fair Interpretation: Founding Fathers Didn’T Intend To Ban Voluntary Prayer At School Functions, John Eastman

John C. Eastman

No abstract provided.