Law Commons^™

Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton

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No abstract provided.

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

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No abstract provided.

Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux

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No abstract provided.

Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux

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This essay is a response to Professor Samuel Bray’s article proposing a blanket prohibition against injunctions that enjoin a defendant’s conduct with respect to nonparties. He argues that national injunctions are illegitimate under Article III and traditional equity and result in a number of difficulties.

This Response argues, from a normative lens, that Bray’s proposed ban on national injunctions should be rejected. Such a bright-line rule against national injunctions is too blunt an instrument to address the complexity of our tripartite system of government, our pluralistic society and our democracy. Although national injunctions may be imperfect and crude forms of …

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part Ii, H. Patrick Furman

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This two-part article reviews the constitutional and statutory right to a speedy trial and discusses the case law interpreting that right. The first part was printed in July 2002.

See Part I at http://scholar.law.colorado.edu/articles/550/.

Nationalized Political Discourse, Robert F. Nagel

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No abstract provided.

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

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In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Introduction, Paul F. Campos

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No abstract provided.

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

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No abstract provided.

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

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No abstract provided.

Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel

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No abstract provided.

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

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No abstract provided.

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

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No abstract provided.

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

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No abstract provided.

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

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No abstract provided.

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

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No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

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No abstract provided.