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Full-Text Articles in Law

Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf Jan 2007

Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf

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No abstract provided.


Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey Jan 2007

Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey

Faculty Publications By Year

This article explores the depiction of interrogation in film and television from the 1940s to the present, and contrasts that imagery with the Supreme Court's interrogation jurisprudence over the same time frame. Although my treatment of the subject is necessarily only fragmentary (a comprehensive review of either topic would fill many volumes), this article hazards a few tentative hypotheses.


The Congress As Surge Protector, Neil J. Kinkopf Jan 2007

The Congress As Surge Protector, Neil J. Kinkopf

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No abstract provided.


The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner Jan 2007

The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner

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This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …


Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald Jan 2007

Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald

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No abstract provided.