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Full-Text Articles in Law
Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper
Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper
Jesse H Choper
No abstract provided.
The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross
The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross
Jesse H Choper
In its landmark decision in Carolene Products, the Supreme Court crafted a uniquely American solution to the counter-majoritarian dilemma present in any constitutional democracy: when unelected judges should substantively review policy choices made by elected legislators and executives. The political process theory underlying that decision is that a court with a history of decisions based onjudicial ideology should limit close review of government actions to three situations: (1) when the action contravenes a specific provision of the Bill of Rights, (2) when the action threatens to improperly limit the political process, or (3) with regard to the broadly worded Due …
The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper
The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper
Jesse H Choper
No abstract provided.
Congressional Power To Expand Judicial Definitions Of The Substantive Terms Of The Civil War Amendments, Jesse H. Choper
Congressional Power To Expand Judicial Definitions Of The Substantive Terms Of The Civil War Amendments, Jesse H. Choper
Jesse H Choper
No abstract provided.
Bill Lockhart--Colleague, Mentor, Friend, Jesse H. Choper
Bill Lockhart--Colleague, Mentor, Friend, Jesse H. Choper
Jesse H Choper
No abstract provided.
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Jesse H Choper
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
Federalism And Judicial Review: An Update, Jesse H. Choper
Federalism And Judicial Review: An Update, Jesse H. Choper
Jesse H Choper
This Commentary argues that the Court decided New York v. United States incorrectly. The Court failed to take into account both the highly pragmatic nature of federal-state questions and the extent to which state interests are represented in the national political process. The Court, instead, should have followed the author's "Federalism Proposal" whereby all issues of federalism arising under the Tenth Amendment are deemed non-justiciable and are left to the political branches for resolution. This Commentary illustrates the shortcomings of the New York approach in the context of national health care regulation.