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Articles 1 - 12 of 12
Full-Text Articles in Law
A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro
A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro
Online Publications
When the Supreme Court overruled Roe v. Wade, the justices in the majority insisted they were merely returning the issue of abortion to the democratic process. But a case the court has announced it will hear in its October term could make that democratic process a lot less democratic.
Preparing The Public For A Contested Election, Deborah Pearlstein
Preparing The Public For A Contested Election, Deborah Pearlstein
Online Publications
While perhaps once thought too far-fetched to discuss out loud in serious company, concerns that Donald Trump will refuse to leave office even if he loses the November election have gained increasing mainstream attention in recent months. Indeed, it would be foolish to assume that such a possibility is out of the question. The president has spent the past four years making clear his desire to remain more than two terms in office, and has worked especially diligently of late to lay the rhetorical groundwork for declaring the results of the federal election – particularly one reliant on absentee voting …
Why Trump’S Lawyers Should Talk Like Lawyers, Katherine A. Shaw
Why Trump’S Lawyers Should Talk Like Lawyers, Katherine A. Shaw
Online Publications
The Constitution says that what’s happening in the Senate right now is a trial. But it’s no ordinary trial: As we’re all now well aware, a Senate trial is a hybrid affair, part law and part politics.
How Strong Does The Evidence Against Kavanaugh Need To Be?, Katherine A. Shaw
How Strong Does The Evidence Against Kavanaugh Need To Be?, Katherine A. Shaw
Online Publications
The allegation made by Christine Blasey Ford — that at age 15 she was the victim of a sexual assault by a 17-year-old Brett Kavanaugh — has not only upended Judge Kavanaugh’s Supreme Court confirmation hearings, but has also left Americans wondering what standards should apply to an accusation like this.
The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam
The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam
Articles
No abstract provided.
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Articles
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constitutionalism, particular constitutions and constitutional identity. I argued that the construction and adaptation of a constitutional identity was essential to the coherence and viability of any working constitution. Such constitutional identity must at once negate and incorporate reworked elements of national identity and other pertinent pre- and extra- constitutional materials associated with the relevant polity. In the present essay, I reply to arguments advanced by several critics of my book with a view to clarifying and expanding on some of the book’s principal assertions. The …
Madison’S Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon
Madison’S Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon
Articles
The Defense of Marriage Act (DOMA) has created a new wave of interest in the Full Faith and Credit Clause and its apparent contradictions. Important recent scholarship has shown that American lawyers in the eighteenth century often viewed the term “full faith and credit” as referring to an evidentiary rule. This interpretation ameliorates, but does not actually resolve, the apparent conflict between the first sentence of the Clause, which seems to create a mandatory rule of sister state deference, and the second sentence of the Clause, which seems to give Congress plenary power to abrogate that rule. Rather than seek …
Cuno: The Property Tax Issue, Edward A. Zelinsky
Cuno: The Property Tax Issue, Edward A. Zelinsky
Articles
The author criticizes the decision of the U.S. Court of Appeals for the Sixth Circuit in Cuno v. DaimlerChrysler Inc., in which the court ruled that Ohio's investment tax credit violated the U.S. Constitution's Commerce Clause. Zelinsky says the dormant Commerce Clause concept of nondiscrimination is overbroad and undefinable and should be abandoned. He hopes this decision will give the U.S. Supreme Court an opportunity to reassess the concept.
Robert Dahl's How Democratic Is The American Constitution: An Introduction, With Notes On The Electorial College, Michael Herz
Robert Dahl's How Democratic Is The American Constitution: An Introduction, With Notes On The Electorial College, Michael Herz
Articles
No abstract provided.
Abandoning Recess Appointments: A Comment On Hartnett (And Others), Michael Herz
Abandoning Recess Appointments: A Comment On Hartnett (And Others), Michael Herz
Articles
No abstract provided.
International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam
International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam
Articles
No abstract provided.
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Articles
No abstract provided.