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Full-Text Articles in Law
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani
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This essay, written for a symposium on the life and legacy of Charles Reich, explores how Reich came to be interested in the field of poverty law and, specifically, the constitutional rights of welfare recipients. The essay emphasizes the influence of two older women in Reich’s life: Justine Wise Polier, the famous New York City family court judge and the mother of one of Reich’s childhood friends, and Elizabeth Wickenden, a contemporary of Polier’s who was a prominent voice in social welfare policymaking and a confidante of high-level federal social welfare administrators. Together, Polier and Wickenden helped educate Reich about …
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
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This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that …
James Wilson As The Architect Of The American Presidency, Christopher S. Yoo
James Wilson As The Architect Of The American Presidency, Christopher S. Yoo
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For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
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Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …
Charge Of Chief Justice Durfee, Job Durfee
Charge Of Chief Justice Durfee, Job Durfee
Pamphlets: Contemporary Assessments of the Dorr Rebellion
No abstract provided.
To The Members Of The General Assembly Of Rhode Island, John Pitman
To The Members Of The General Assembly Of Rhode Island, John Pitman
Pamphlets: Contemporary Assessments of the Dorr Rebellion
No abstract provided.
Address On The Right Of Suffrage, Seth Luther
Address On The Right Of Suffrage, Seth Luther
Pamphlets: Contemporary Assessments of the Dorr Rebellion
No abstract provided.
Extension Of Suffrage, B. Hazard
Extension Of Suffrage, B. Hazard
Pamphlets: Contemporary Assessments of the Dorr Rebellion
No abstract provided.