Law Commons^™

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.

Direct Democracy And Hastily Enacted Statutes, John C. Nagle

Journal Articles

Phil Frickey qualifies as the leading explorer of the borderline between statutory interpretation and constitutional law. Frickey explores ways to mediate the borderline between statutory interpretation and constitutional adjudication in the context of direct democracy. His is an enormously helpful attempt to reconcile the constitutional issues discussed by Julian Eule and the statutory interpretation issues discussed by Jane Schacter. I agree with many of Frickey's suggestions. Indeed, I will suggest some additional devices that can perform the same role. But I wonder whether Frickey has proved more than he set out to accomplish. The problems of direct democracy are special, …

Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp

All Faculty Scholarship

The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional power over …

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.

Progress And Constitutionalism, Robert F. Nagel

Publications

No abstract provided.

Hiding The Ball, Pierre Schlag

Publications

No abstract provided.

Is There A General Trend In Constitutional Democracies Toward Parliamentary Control Over War-And-Peace Decisions?, Lori Fisler Damrosch

Faculty Scholarship

My hypothesis is that there is a general trend toward subordinating war powers to constitutional control, and that this trend includes a subtrend toward greater parliamentary control over the decision to introduce troops into situations of actual or potential hostilities. UN peace operations present one variant of a recurring problem for constitutional democracies, as do collective security and collective enforcement operations under the auspices of the United Nations or a regional body such as the North Atlantic Treaty Organization (NATO).

Indigenization Of Constitutionalism In The Japanese Experience, The, Christopher A. Ford

Case Western Reserve Journal of International Law

No abstract provided.

Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior

Case Western Reserve Journal of International Law

No abstract provided.

Confusing Punishment With Custodial Care: The Troublesome Legacy Of Estelle V. Gamble, Philip Genty

Faculty Scholarship

For the better part of two centuries, imprisonment has been the primary means of punishment for non-capital offenses in the United States. A person, once convicted, is turned over to an institution that will regulate every minute of her or his life. Yet, despite the central role that prisons have long played in our society, the use of the Constitution to regulate conditions of confinement in prisons is a relatively recent phenomenon. Certainly, part of this has to do with the fact that constitutional litigation did not begin in earnest until the "rediscovery" of the Civil War era civil rights …

S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.

In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Constitutional Architecture: The First Amendment And The Single Family House, John F. Nivala

John F. Nivala

No abstract provided.

Religious Justification In The American Communitarian Republic, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee

Randy Lee

No abstract provided.

Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman

Stephen M. Feldman

This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.