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Articles 1 - 6 of 6

Full-Text Articles in Law

On Taking Substituted Judgment Seriously, Charles Baron Aug 2013

On Taking Substituted Judgment Seriously, Charles Baron

Charles H. Baron

No abstract provided.


On Taking Substituted Judgment Seriously, Charles Baron Aug 1990

On Taking Substituted Judgment Seriously, Charles Baron

Charles H. Baron

No abstract provided.


Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown May 1990

Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown

George D. Brown

The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it. Professor George D. Brown uses the United States Supreme Court's recent decision in Pennsylvania v. Union Gas Co. as a jumping-off point to determine where the Court stands today on the delicate balance between national supremacy and state sovereignty. In the divided Court's endorsement of congressional power to abrogate the states' immunity he detects a shift toward national supremacy. Professor Brown finds abrogation theory to be as problematic as what came before it. Nevertheless, he accepts the current framework as a compromise that protects state …


Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson Dec 1989

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power Dec 1989

The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power

Robert C Power

No abstract provided.


The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet Dec 1989

The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.