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Constitutional Law

Judicial review

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Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman Jan 2012

Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman

Articles & Chapters

While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …


The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr. Jan 2002

The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman Jan 1970

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.