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Articles 1 - 5 of 5
Full-Text Articles in Law
The Rehnquist Court: Nineteen Years Of Tax Decisions, F. Ladson Boyle
The Rehnquist Court: Nineteen Years Of Tax Decisions, F. Ladson Boyle
Faculty Publications
No abstract provided.
The Constitutional Limits To Court-Stripping, Michael J. Gerhardt
The Constitutional Limits To Court-Stripping, Michael J. Gerhardt
Faculty Publications
This Article is part of a colloquy between Professor Michael J. Gerhardt and Professor Martin Redish about the constitutionality of court-stripping measures. Court-stripping measures are laws restricting federal court jurisdiction over particular subject matters. In particular, the authors discuss the constitutionality of the Marriage Protection Act of 2004. Professor Gerhardt argues that the Act is unconstitutional and threatens to destroy the principles of separation of powers, federalism and due process. It prevents Supreme Court review of Congressional action and hinders the uniformity and finality of constitutional law. Furthermore, the Act violates the equal protection component of the Fifth Amendment Due …
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Invisible Pillar Of Gideon, Adam M. Gershowitz
The Invisible Pillar Of Gideon, Adam M. Gershowitz
Faculty Publications
In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay’s request for appointed counsel. Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …
Zelman V. Simmons-Harris, Neal Devins