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Full-Text Articles in Law
The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia
The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia
Journal Articles
Article III of the Constitution provides that the judicial Power of the United States extends to all cases arising under the Constitution, laws, and treaties of the United States. What the phrase arising under imports in Article III has long confounded courts and scholars. This Article examines the historical origins of Article III arising under jurisdiction. First, it describes English legal principles that governed the jurisdiction of courts of general and limited jurisdiction--principles that animated early American jurisprudence regarding the scope of arising under jurisdiction. Second, it explains how participants in the framing and ratification of the Constitution understood arising …
What's On Your Mind? Imputing Motive In A Title Vii Case, An Analysis Of Bci Coca-Cola Bottling Co. V. Eeoc, Barbara J. Fick
What's On Your Mind? Imputing Motive In A Title Vii Case, An Analysis Of Bci Coca-Cola Bottling Co. V. Eeoc, Barbara J. Fick
Journal Articles
This article examines the case E.E.O.C. v. BCI Coca-Cola Bottling Co. of Los Angeles, which was scheduled for argument before the Supreme Court, but was dismissed before that argument occurred.
Federalism Doctrines And Abortion Cases: A Response To Professor Fallon, Anthony J. Bellia
Federalism Doctrines And Abortion Cases: A Response To Professor Fallon, Anthony J. Bellia
Journal Articles
This Essay is a response to Professor Richard Fallon's article, If Roe Were Overruled: Abortion and the Constitution in a Post-Roe World. In that article, Professor Fallon argues that if the Supreme Court were to overrule Roe v. Wade, courts might well remain in the abortion-umpiring business. This Essay proposes a refinement on that analysis. It argues that in a post-Roe world courts would not necessarily subject questions involving abortion to the same kind of constitutional analysis in which the Court has engaged in Roe and its progeny, that is, balancing a state's interest in protecting life against a pregnant …