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Articles 31 - 60 of 91
Full-Text Articles in Law
Reed Dickerson’S Originalism — What It Contributes To Contemporary Constitutional Debate, Thomas B. Mcaffee
Reed Dickerson’S Originalism — What It Contributes To Contemporary Constitutional Debate, Thomas B. Mcaffee
Scholarly Works
In this article the author offers his personal gratitude for the work of Reed Dickerson, along with some thoughts on his important contributions to our understanding of the interpretive process. As a young scholar in need of help in grappling with the continuing debate over constitutional interpretation, the author turned, at the suggestion of colleagues, to Reed Dickerson’s impressive book on statutory interpretation. The hours spent attempting to ingest Reed’s thoughtful work were amply rewarded, and the author took the occasion of publishing an article on the original intent debate to refer in an initial footnote to his intellectual debt …
Prolegomena To A Meaningful Debate Of The “Unwritten Constitution” Thesis, Thomas B. Mcaffee
Prolegomena To A Meaningful Debate Of The “Unwritten Constitution” Thesis, Thomas B. Mcaffee
Scholarly Works
Seventeen years ago Professor Grey launched the modern debate over the idea of an unwritten Constitution by suggesting that the key to defending modern fundamental rights decision-making might be to rediscover the founding generation's commitment to natural law and unwritten sources of basic rights. Some modern Supreme Court decisions, Grey suggested, might be better justified by reliance upon the methodology suggested by Justice Chase's famous opinion in Calder v. Bull than by looking to the justification for judicial review offered by Chief Justice Marshall in Marbury v. Madison. Grey's arguments for the unwritten Constitution idea has struck a chord …
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Faculty Publications
The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it. Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.
Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter
Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel
Election And Term Of City And County Officers
Freedom Of Speech And The Press
Preemption Of Local Law By State Legislature
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Constitution As Literature, James Boyd White
The Constitution As Literature, James Boyd White
Book Chapters
Although presumably no one would say that the Constitution offers its readers an experience that cannot be distinguished from reading a poem or a novel, there is nonetheless a sense in which it is a kind of highly imaginative literature in its own right (indeed its nature as law requires that this be so), the reading of which may be informed by our experience of other literary forms. But to say this may be controversial, and the first step toward understanding how such a claim can be made may be to ask what it is we think characterizes imaginative literature …
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.