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Articles 1 - 13 of 13
Full-Text Articles in Law
Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz
Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz
Duke Journal of Constitutional Law & Public Policy Sidebar
In Penn Central Transportation Co. v. City of New York, the Supreme Court authorized the practice of historic preservation. Ruling that when a city designates a building as "historic" and therefore restricting its development, it is not a "taking" of private property that requires just compensation under the Fifth Amendment. Since that time, historic preservation has proliferated in America's cities. But it's time for another look. Since Penn Central was decided, the facts and law of property regulation in the United States have changed. And the decision, which was wrong from an originalist perspective when it was decided, has …
Let History Repeat Itself: Solving Originalism's History Problem In Interpreting The Establishment Clause, Neil Joseph
Let History Repeat Itself: Solving Originalism's History Problem In Interpreting The Establishment Clause, Neil Joseph
Duke Journal of Constitutional Law & Public Policy Sidebar
The Supreme Court's Establishment Clause jurisprudence is all over the place. The current justices have widely divergent views on the Establishment Clause's meaning, and the Lemon test has been widely panned by several justices. Originalist judges, however, have had a fairly consistent approach to interpreting the Establishment Clause. This largely stems from their reliance on history. This Note argues that their use of history in analyzing the Establishment Clause is flawed. Originalist Establishment Clause jurisprudence has been and is criticized for being unprincipled. And those criticisms are correct. Originalists encounter such criticism because the justices struggle to reconcile historical practice …
‘The Federalist’ Abroad In The World, Donald L. Horowitz
‘The Federalist’ Abroad In The World, Donald L. Horowitz
Faculty Scholarship
This paper traces the influence of The Federalist Papers on five continents. From 1787 to roughly 1850, The Federalist was widely read and highly influential, especially in Europe and Latin America. Federalist justifications for federalism as a solution to the problem of creating a continental republic or to provincial rivalries were widely accepted. So, too, was the presidency, at least in Latin America, and that region adopted judicial review later in the nineteenth century. Presidentialism and judicial review fared less well in Western Europe. Following World War II, judicial review slowly became part of the standard equipment of new and …
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Law And Economics In The Creation Of Federal Administrative Law: Thomas Cooley, Elder To The Republic, Paul D. Carrington
Law And Economics In The Creation Of Federal Administrative Law: Thomas Cooley, Elder To The Republic, Paul D. Carrington
Faculty Scholarship
No abstract provided.
A Tale Of Two Lawyers, Paul D. Carrington
Remembering Jefferson, Paul D. Carrington
One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington
One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Teaching Law In The Antebellum Northwest, Paul D. Carrington
Teaching Law In The Antebellum Northwest, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Theme Of Early American Law Teaching: The Political Ethics Of Francis Lieber, Paul D. Carrington
The Theme Of Early American Law Teaching: The Political Ethics Of Francis Lieber, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Teaching Law And Virtue At Translyvania University: The George Wythe Tradition In The Antebellum Years, Paul D. Carrington
Teaching Law And Virtue At Translyvania University: The George Wythe Tradition In The Antebellum Years, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Book Review, Paul D. Carrington
Book Review, Paul D. Carrington
Faculty Scholarship
Reviewing R. Stevens, Law School: Legal Education in America from the 1850s to the 1980s (1983).
Book Review, Michael E. Tigar