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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
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
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
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
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
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
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
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
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
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
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
On Revolution And Wetland Regulations, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Faculty Publications
No abstract provided.
Supreme Court Selection As War, Michael J. Gerhardt
Supreme Court Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman
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
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
Judicial Review And Global Federalism, Charles H. Koch Jr.
Judicial Review And Global Federalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.