Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (7)
- Constitutional interpretation (4)
- First Amendment (4)
- Judicial review (4)
- United States Supreme Court (4)
-
- Freedom of speech (3)
- Judges (3)
- Women (3)
- Abortion (2)
- Feminist jurisprudence (2)
- Flag burning (2)
- Free speech (2)
- Race (2)
- Texas v. Johnson (2)
- U.S. Constitution (2)
- Violence (2)
- Aboriginal self-government (1)
- Academics (1)
- Advocacy (1)
- Akhil Amar (1)
- Amendment 2 (1)
- Article V (1)
- Autonomy (1)
- Ballot initiatives (1)
- Batson challenges (1)
- Batson v. Kentucky (1)
- Brown v. Board of Education (1)
- Bruce Ackerman (1)
- California's Declaration of Rights (1)
- Campus hate codes (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave
A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave
Publications
Part I of this Article discusses the fundamental nature of the rights found in California's Declaration of Rights, and the need to maintain their stability. It also discusses the problems inherent in forcing the interpretation of California rights to follow federal interpretations. Part II traces the development of the independent state grounds doctrine in the United States, and specifically, in California. Part III explains the history and procedure of the voter initiative in California, while Part IV analyzes how Propositions 8 and 115 have limited the ability of the California judiciary to give independent meaning to California's Declaration of Rights. …
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
Publications
No abstract provided.
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Shaw V. Reno: On The Borderline, Emily Calhoun
Silence And The Word, Paul Campos
Three Mistakes About Interpretation, Paul Campos
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Publications
No abstract provided.
Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.