Law Commons^™

Editorial, Succession Question Requires Amendment, Randy Lee

Randy Lee

No abstract provided.

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.

Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins

Duke Law Journal

No abstract provided.

Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington

Duke Law Journal

No abstract provided.

Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder

Duke Law Journal

No abstract provided.

A Localist Critique Of The New Federalism, David J. Barron

Duke Law Journal

No abstract provided.

The New Unwritten Constitution, Jed Rubenfeld

Duke Law Journal

No abstract provided.

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

The New Deal Constitution In Exile, William E. Forbath

Duke Law Journal

No abstract provided.

Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson

Duke Law Journal

No abstract provided.

The Very Faithless Elector, Vasan Kesavan

West Virginia Law Review

No abstract provided.

The Louisiana Hydrocarbon Processing Tax, James C. Exnicios

Louisiana Law Review

No abstract provided.

The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer

Cornell International Law Journal

No abstract provided.

Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee

South Carolina Law Review

No abstract provided.

Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky

Articles

The Supreme Court generally conditions tax exemptions, deductions, and exclusions for religious organizations and activities upon the simultaneous extension of such benefits to secular institutions and undertakings. The Court's position flows logically from its acceptance of the premise that tax exemptions, deductions, and exclusions constitute subsidies. However, the "subsidy" label is usually deployed in a conclusory and unconvincing fashion. The First Amendment is best understood as permitting governments to refrain from taxation to accommodate the autonomy of religious actors and activities; hence, tax benefits extended solely to religious institutions should pass constitutional muster as recognition of that autonomy.

Privatization And Political Accountability, Jack M. Beermann

Faculty Scholarship

This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …

Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow

Missouri Law Review

This Article re-examines the landmark cases comprising the backbone of the family privacy doctrine and discloses, within the folds of their rhetoric of individual liberty, a policy of privacy promoting nuclear families. The re-examination of the landmark cases in Part II demonstrates that the policy of family privacy is to foster the creation and longevity of traditional, nuclear families. Part II illustrates how this policy has become more clearly articulated over time through the Court’s restrictive interpretation of fundamental rights and its recent decision in Troxel v. Granville, the much-awaited ruling on grandparental visitation rights. In Part III, this Article …

Licensing Speech: The Case Of Vanity Plates, Marybeth Herald

Marybeth Herald

Vanity license plates qualify as protected speech under the First Amendment, and denying plate requests because of their content contradicts traditional principles of free speech. State motor vehicle departments are almost as creative as applicants when it comes to ferreting out offensive license plate requests through the use of computer programs and linguists. Offensiveness, however, remains an elusive concept to capture and often lies in the eyes of a single viewer. When the government takes on the role of arbiter of good taste, it leads to arbitrary decision making and chaotic results.

Under traditional First Amendment doctrine, vanity license plates …

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

The Journal of Appellate Practice and Process

Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.

Guns, Privacy, And Revolution, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Legislative Constitutional Interpretation, Neal Kumar Katyal

Duke Law Journal

No abstract provided.

Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule

Duke Law Journal

No abstract provided.

Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet

Duke Law Journal

No abstract provided.

Book Note: Republic.Com, By Cass Sunstein, Justin G. Holbrook

Justin G. Holbrook

No abstract provided.

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Nationalized Political Discourse, Robert F. Nagel

Publications

No abstract provided.

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens

Faculty Articles

No abstract provided.

Constitutional Circularity, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

In supporting the invocation of stare decisis in constitutional cases, the Supreme Court has maintained that its decisions affect how the people conceptualize the government and their rights. Such an argument, which prioritizes contemporary understands of the Constitution over both the intentions of Framers and the nuances of doctrine, suggests that constitutional decisions may affect the meaning of the Constitution itself. In this Article, Professor Abramowicz offers a positive account demonstrating that the Court has used this type of argument, which he dubs “constitutional circularity,” and provides a normative critique. The positive account is relevant not only because it identifies …