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Articles 1 - 30 of 31
Full-Text Articles in Law
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
Duke Law Journal
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Duke Law Journal
No abstract provided.
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Duke Law Journal
No abstract provided.
A Localist Critique Of The New Federalism, David J. Barron
A Localist Critique Of The New Federalism, David J. Barron
Duke Law Journal
No abstract provided.
The New Unwritten Constitution, Jed Rubenfeld
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Duke Law Journal
No abstract provided.
The New Deal Constitution In Exile, William E. Forbath
The New Deal Constitution In Exile, William E. Forbath
Duke Law Journal
No abstract provided.
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington
Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington
Duke Law Journal
No abstract provided.
The Very Faithless Elector, Vasan Kesavan
The Very Faithless Elector, Vasan Kesavan
West Virginia Law Review
No abstract provided.
The Louisiana Hydrocarbon Processing Tax, James C. Exnicios
The Louisiana Hydrocarbon Processing Tax, James C. Exnicios
Louisiana Law Review
No abstract provided.
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
Cornell International Law Journal
No abstract provided.
Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee
Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee
South Carolina Law Review
No abstract provided.
Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow
Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow
Missouri Law Review
This Article re-examines the landmark cases comprising the backbone of the family privacy doctrine and discloses, within the folds of their rhetoric of individual liberty, a policy of privacy promoting nuclear families. The re-examination of the landmark cases in Part II demonstrates that the policy of family privacy is to foster the creation and longevity of traditional, nuclear families. Part II illustrates how this policy has become more clearly articulated over time through the Court’s restrictive interpretation of fundamental rights and its recent decision in Troxel v. Granville, the much-awaited ruling on grandparental visitation rights. In Part III, this Article …
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
The Journal of Appellate Practice and Process
Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.
Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule
Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule
Duke Law Journal
No abstract provided.
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet
Duke Law Journal
No abstract provided.
Legislative Constitutional Interpretation, Neal Kumar Katyal
Legislative Constitutional Interpretation, Neal Kumar Katyal
Duke Law Journal
No abstract provided.
A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell
A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell
Vanderbilt Journal of Transnational Law
The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.
The failure of schools requires America to take action. State …
Are Congressional Committees Constitutional ?: Radical Textualism, Separation Of Powers, And The Enactment Process, John C. Roberts
Are Congressional Committees Constitutional ?: Radical Textualism, Separation Of Powers, And The Enactment Process, John C. Roberts
Case Western Reserve Law Review
No abstract provided.
The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg
The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg
Fordham Law Review
No abstract provided.
Constitutional Law: Establishment Clause V. Free Expression: Adler V. Duval County School Board, Ron Shinn
Constitutional Law: Establishment Clause V. Free Expression: Adler V. Duval County School Board, Ron Shinn
Oklahoma Law Review
No abstract provided.
Constitutional Law: United States V. Morrison: The Gender Motivated Violence Act Takes A Beating By The Supreme Court's New Commerce Clause Jurisprudence, Jodi Fowler Jayne
Constitutional Law: United States V. Morrison: The Gender Motivated Violence Act Takes A Beating By The Supreme Court's New Commerce Clause Jurisprudence, Jodi Fowler Jayne
Oklahoma Law Review
No abstract provided.
Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky
Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky
Oklahoma Law Review
No abstract provided.
Replies To Professor Chemerinsky, David W. Levy, Harry F. Tepker Jr., Arthur G. Lefrancois, Kevin W. Saunders, Michael A. Scaperlanda, Katheleen R. Guzman, Lindsay G. Robertson
Replies To Professor Chemerinsky, David W. Levy, Harry F. Tepker Jr., Arthur G. Lefrancois, Kevin W. Saunders, Michael A. Scaperlanda, Katheleen R. Guzman, Lindsay G. Robertson
Oklahoma Law Review
No abstract provided.
What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton
What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton
Oklahoma Law Review
No abstract provided.
Mapp Goes Abroad, Craig M. Bradley
Mapp Goes Abroad, Craig M. Bradley
Case Western Reserve Law Review
No abstract provided.
A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff
Villanova Law Review
No abstract provided.
Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe
Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe
Animal Law Review
No abstract provided.
Further Thoughts, Erwin Chemerinsky