Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky Jan 2002

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Does Federalism Advance Liberty?, Erwin Chemerinsky Jan 2002

Does Federalism Advance Liberty?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Alien Tort Statute And Article Iii, Curtis A. Bradley Jan 2002

The Alien Tort Statute And Article Iii, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long Jan 2002

Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long

Faculty Scholarship

No abstract provided.


The Rhetoric Of Constitutional Law, Erwin Chemerinsky Jan 2002

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jan 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

Faculty Scholarship

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …


Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds Jan 2002

Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds

Faculty Scholarship

Reviews the environment and history of the 1960 Baltimore sit-in case that eventually made its way to the United States Supreme Court.


Constitutional Design: Proposals Versus Processes, Donald L. Horowitz Jan 2002

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.