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Articles 1 - 18 of 18

Full-Text Articles in Law

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Oct 2002

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.


To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne Oct 2002

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Publications

No abstract provided.


A Fourth Amendment "Search" In The Age Of Technology: Postmodern Perspectives, Kathryn R. Urbonya Oct 2002

A Fourth Amendment "Search" In The Age Of Technology: Postmodern Perspectives, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt Oct 2002

Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Metes And Bounds Of State Sovereign Immunity, Scott Dodson Jul 2002

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

Faculty Publications

What are the constitutional parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states’ sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, …


Crisis And Constitutionalism, Michael J. Gerhardt Jul 2002

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick Jul 2002

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Faculty Publications

No abstract provided.


The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher Apr 2002

The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.


The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins Mar 2002

The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins

Faculty Publications

In understanding the willingness of government lawyers to defend the constitutionality of federal statutes, this article will explain why presidents rarely make use of their powers under the Constitution (allowing the president to refuse to defend laws he finds unconstitutional) and under federal law (placing the control of most government litigation with the attorney general). Attention will be paid both to how Department of Justice lawyers enhance their power by defending federal statutes and to how Congress, if need be, can pressure the department to bow to lawmaker preferences. In consequence, when the president refuses to defend a statute, courts …


On Revolution And Wetland Regulations, Michael J. Gerhardt Jan 2002

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman Jan 2002

Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman

Faculty Publications

No abstract provided.


Supreme Court Selection As War, Michael J. Gerhardt Jan 2002

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman Jan 2002

Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman

Faculty Publications

No abstract provided.


The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green Jan 2002

The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green

Faculty Publications

According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has …


Misunderstood, Neal Devins Jan 2002

Misunderstood, Neal Devins

Faculty Publications

No abstract provided.


Judicial Review And Global Federalism, Charles H. Koch Jr. Jan 2002

Judicial Review And Global Federalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The Story Of A Forgotten Battle, Nathan B. Oman Jan 2002

The Story Of A Forgotten Battle, Nathan B. Oman

Faculty Publications

No abstract provided.