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Articles 1 - 8 of 8

Full-Text Articles in Law

Substantive Due Process, Erwin Chemerinsky Jan 1999

Substantive Due Process, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Jan 1999

Procedural Due Process Claims, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky Jan 1999

The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky Jan 1999

The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell Jan 1999

Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington Jan 1999

Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

This Article endorses the view of such political "conservatives" as Robert Bork, Pat Buchanan, Orrin Hatch, and Ed Meese that the Constitution of the United States is deeply flawed in conferring too large a political role on life-tenured Supreme Court Justices. It argues that a constitutional amendment to correct excessive judicial independance is long overdue, a conclusion, it contends, that ought be shared by all who believe, as the author does, that the right to self-government is the parent right on which our civil liberties and the market economy ultimately depend and that healthy institutions of self-government require substantial devolution …


A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky Jan 1999

A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier Jan 1999

Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier

Faculty Scholarship

Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …