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Faculty Journal Articles and Book Chapters

1999

Constitution

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Full-Text Articles in Law

Long Live The Bill Of Rights! Long Live Akhil Reed Amar's The Bill Of Rights!, Lackland H. Bloom Jr. Jan 1999

Long Live The Bill Of Rights! Long Live Akhil Reed Amar's The Bill Of Rights!, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Akhil Reed Amar's volume, The Bill of Rights: Creation and Reconstruction ("The Bill of Rights"), deserves to sit on every constitutional scholar and lawyer's shelf along with such other contemporary classics as Alexander Bickel's The Least Dangerous Branch, Charles Black's Structure and Relationship in Constitutional Law, John Hart Ely's Democracy and Distrust, and Philip Bobbitt's Constitutional Fate. This book builds on two of the most breathtaking and important law review articles of the past decade-Professor Amar's The Bill of Rights as a Constitution, and The Bill of Rights and the Fourteenth Amendment. Professor Amar's contributions to constitutional scholarship are of …


Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr. Jan 1999

Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for assessing artistic excellence and artistic merit, “general standards …