Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Economic Union As A Constitutional Value, Richard B. Collins Jan 1988

Economic Union As A Constitutional Value, Richard B. Collins

Articles

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine ...


The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel Jan 1988

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

Articles

No abstract provided.


Suicidal Rights, Michael S. Ariens Jan 1988

Suicidal Rights, Michael S. Ariens

Faculty Articles

The legal debate regarding the right to commit suicide requires a critical review of the relationship between the individual and the community in present liberal political thought. Modern liberal political thought postulates that the government or community must be neutral about what is good both for members of the community and the community itself. It also postulates that there exists a sphere of action which affects solely an individual.

The neutrality postulate and the harm of self/harm to others dichotomy are best explicated by John Stuart Mill in his essay On Liberty, in which Mill separates and categorizes the ...


Law And Mystery: Calling The Letter To Life Through The Spirit Of The Law Of State Constitutions, Emily A. Hartigan Jan 1988

Law And Mystery: Calling The Letter To Life Through The Spirit Of The Law Of State Constitutions, Emily A. Hartigan

Faculty Articles

If law is anything today, it is dispirited. It lacks life, vitality, enchantment, and vision. Neither law nor its practitioners sing—or even hum. However, there is something more, already present in America’s state constitutions if practitioners dare turn to hear it. It is the voice of the spirit of the laws of the land. It sings of a vision.

There is a strain of constitutional law, anchored by actual judicial language about the spirit of law, which participates in the discourse identified in two key law review articles—Suzanna Sherry’s “The Founders’ Unwritten Constitution,” and Thomas Grey ...


The Right To Counsel Under Attack, David Rudovsky Jan 1988

The Right To Counsel Under Attack, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.


Luther Martin, Maryland And The Constitution, William L. Reynolds Jan 1988

Luther Martin, Maryland And The Constitution, William L. Reynolds

Faculty Scholarship

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).


Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine Jan 1988

Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine

Articles

No abstract provided.


The Search For An Author: Shakespeare And The Framers, James Boyle Jan 1988

The Search For An Author: Shakespeare And The Framers, James Boyle

Faculty Scholarship

No abstract provided.