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Faculty Scholarship

Judicial review

National Security Law

Articles 1 - 3 of 3

Full-Text Articles in Law

The National Security State: The End Of Separation Of Powers, Michael E. Tigar Jan 2014

The National Security State: The End Of Separation Of Powers, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent Jan 2013

Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent

Faculty Scholarship

The emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …


Constitutional Fate, Philip Chase Bobbitt Jan 1980

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …