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Full-Text Articles in Law
Processes Of Constitutional Decisionmaking: Cases And Materials, Henry Paul Monaghan
Processes Of Constitutional Decisionmaking: Cases And Materials, Henry Paul Monaghan
Faculty Scholarship
Authors of constitutional law casebooks traditionally have presented their subject through Supreme Court opinions arranged under the three general groupings of judicial review, distribution of powers (federalism and separation of powers), and individual liberties. This organizational consensus rests upon two widely held and deep beliefs: a basic course in constitutional law should (1) consist of a rigorous and sustained study of substantive doctrine and (2) be undertaken principally through a detailed examination of Supreme Court decisions, albeit supplemented in varying degrees by authors' questions and law review excerpts.
Paul Brest's Processes of Constitutional Decisionmaking poses a formidable challenge to this …
Section 1983 And Federalism, Richard Briffault
Section 1983 And Federalism, Richard Briffault
Faculty Scholarship
The relationship between the themes of federalism and individual rights is one that runs deep in American intellectual and social history. And it is one that has changed drastically with changes in the conditions and temperament of our society.
In the early days of the Republic, federalism was viewed as. a means of protecting individual rights from the tyranny of a unified central government. The Civil War brought with it a rejection of this guiding principle. State autonomy came to be seen not as a means to protect the individual from government abuse but rather as the primary source of …