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Articles 31 - 60 of 76
Full-Text Articles in Law
Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta
Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta
Honors Scholar Theses
Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest …
Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav
Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Constituent Authority, Richard Kay
Constituent Authority, Richard Kay
Faculty Articles and Papers
The force of a constitution, like the force of all enacted law, derives, in significant part, from the circumstances of its enactment. Legal and political theory have long recognized the logical necessity of a “constituent power.” That recognition, however, tells us little about what is necessary for the successful enactment of an enduring constitution. Long term acceptance of a constitution requires a continuing regard for the process that brought it into being. There must be, that is, recognition of the “constituent authority” of the constitution-makers. This paper is a consideration of the idea of “constituent authority” drawing on a comparison …
Children's Constitutional Rights, Anne Dailey
Children's Constitutional Rights, Anne Dailey
Faculty Articles and Papers
This Article presents a developmental theory of children’s constitutional rights that focuses on the fundamental role of children’s rights in the socialization process leading to adult autonomy. The long history of denying children the full range of constitutional rights has its roots in a choice theory of rights that understands rights as deriving from the decision-making autonomy of the individual. From the perspective of choice theory, children do not enjoy most constitutional rights because they lack the capacity for autonomous choice. Choice theory not only justifies the long history of denying children rights, but it also serves to explain the …
Constitutional Courts As "Positive Legislators" In The United States, Richard Kay, Laurence P. Claus
Constitutional Courts As "Positive Legislators" In The United States, Richard Kay, Laurence P. Claus
Faculty Articles and Papers
This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as "positive" legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the Court has encountered in crafting remedies fit to fulfill the promise of its constitutional rulings.
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the original public meaning of the Constitution's words. This article is a critical analysis of that development. In the actual course of adjudication by honest and competent judges either method should usually yield the same result. The reliance on public meaning, however, distracts the interpreter from the connection between the normative force of the Constitution and the founding events, a link that is essential to the legitimacy of constitutional judicial review. In the hands of …
Why Climate Law Must Be Federal: The Clash Between Commerce Clause Jurisprudence And State Greenhouse Gas Trading Systems, Joseph Macdougald
Why Climate Law Must Be Federal: The Clash Between Commerce Clause Jurisprudence And State Greenhouse Gas Trading Systems, Joseph Macdougald
Faculty Articles and Papers
Absent Federal legislation or leadership on regulatory responses to greenhouse gas (“GHG”)-based climate problems, the states have sought, either on their own or through regional agreements, to restrict the amount of GHG released by the electric power plants within their states. These systems are subject to “leakage,” the ability of power providers to receive electricity from an “extra-regional” and hence unregulated source. While practical considerations may limit the immediate impact of leakage, in the long term, state-based systems perversely provide competitive advantages to unrestricted GHG-emitting power sources that do not have the burden of compliance. One logical avenue to address …
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Faculty Articles and Papers
No abstract provided.
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Faculty Articles and Papers
When the Supreme Court of Canada issued its judgment on the legality of unilateral Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a victory for all …
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay
Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay
Faculty Articles and Papers
Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000
Constitutional Chrononomy, Richard Kay
Constitutional Chrononomy, Richard Kay
Faculty Articles and Papers
Every constitution defines and is defined by a period in time. Like all law the creation and application of constitutions require reference to the past and future respectively Every instance of constitution-making is an attempt to control behavior over an extended period of time. Therefore constitutions will be drafted, both in style and substance, to reflect that temporal ambition. The effectiveness of a constitution also requires that its interpretation makes reference to the understanding of its rules held by the constitution-makers. As a result, and notwithstanding the efforts to make it suitable over a long period by its creators, every …
The Constitutionalization Of Law In The United States, Richard Kay, William B. Fisch
The Constitutionalization Of Law In The United States, Richard Kay, William B. Fisch
Faculty Articles and Papers
The United States may be the prime example of constitutionalization of the legal order. It was the first system (though no longer the only one) to make its written constitution directly applicable law, superior to all other sources of law, in all courts. A corollary to this legalization of the constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.
"Originalist" Values And Constitutional Interpretation, Richard Kay
"Originalist" Values And Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
No abstract provided.
On Conduits And Voices, Thomas Morawetz
On Conduits And Voices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Lochner For Women: The Ideology Of Separate Spheres In Muller V. Oregon, Anne Dailey
Lochner For Women: The Ideology Of Separate Spheres In Muller V. Oregon, Anne Dailey
Faculty Articles and Papers
No abstract provided.
Federalism And Families, Anne Dailey
Federalism And Families, Anne Dailey
Faculty Articles and Papers
No abstract provided.
Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz
Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch
The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch
Faculty Articles and Papers
The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts. In perhaps no other country is the legitimacy of the constitutional judge a more important issue than in the United States. Constitutional judicial review of acts of the government has had, and continues to have, a profound effect on the extent and character of public action. The constitutional decisions of the courts govern, to a significant degree, some of the most intensely controversial questions of public policy. …
Constitutional Privacy And The Just Family, Anne Dailey
Constitutional Privacy And The Just Family, Anne Dailey
Faculty Articles and Papers
No abstract provided.
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
Faculty Articles and Papers
No abstract provided.
Introduction: Observations On Teaching Griswold, Hugh Macgill
Introduction: Observations On Teaching Griswold, Hugh Macgill
Faculty Articles and Papers
No abstract provided.
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Comparative Constitutional Fundamentals, Richard Kay
Comparative Constitutional Fundamentals, Richard Kay
Faculty Articles and Papers
No abstract provided.
Review, Constitution Making: Conflict And Consensus In The Federal Convention Of 1787, Richard Kay
Review, Constitution Making: Conflict And Consensus In The Federal Convention Of 1787, Richard Kay
Faculty Articles and Papers
Reviewing Constitution Making: Conflict and Consensus in the Federal Convention of 1787. By Calvin C. Jillson., New York: Agathon Press. 1988.
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Bork Nomination And The Definition Of "The Constitution", Richard Kay
The Bork Nomination And The Definition Of "The Constitution", Richard Kay
Faculty Articles and Papers
No abstract provided.
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
Faculty Articles and Papers
In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article VI(2) instructs that the …