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Articles 1 - 15 of 15
Full-Text Articles in Law
Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder
Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder
C. Peter Erlinder
No abstract provided.
Vectoral Federalism, Scott Dodson
Vectoral Federalism, Scott Dodson
Scott Dodson
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups. Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps …
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Scott Dodson
Few constitutional doctrines have had as turbulent a history as state sovereign immunity, the right of a state to refuse to appear as a defendant in court. The Court has, until recently, avoided a full explanation of the reason for immunizing states from certain suits. But in the 2002 decision Federal Maritime Commission v. South Carolina State Ports Authority, the Court asserted that the preeminent purpose of state sovereign immunity is to accord States the dignity that is consistent with their status as sovereign entities. This “dignity rationale” lacks substantial justification and is untethered to any limiting principles. Given that, …
Imposing Inequality On Law Schools, Kent Greenfield
Imposing Inequality On Law Schools, Kent Greenfield
Kent Greenfield
No abstract provided.
Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Todd E. Pettys
Returning to forgotten themes in the Federalist Papers, the article argues that the state and federal governments compete with one another for the “affection” of their citizens and for the regulatory power that often accompanies that affection. The article further contends that citizens and politicians are able fully to participate in this affection-driven marketplace only if three prerequisites are met: each sovereign must be assured of an opportunity to demonstrate its competence; each sovereign must enjoy a significant measure of autonomy from the other; and the two sovereigns’ dealings with one another must be sufficiently transparent to enable citizens to …
Ideological Conflict And The First Amendment, Steven J. Heyman
Ideological Conflict And The First Amendment, Steven J. Heyman
Steven J. Heyman
According to the prevailing view, constitutional interpretation ideally should consist in the development and application of a single, unified set of principles. This Essay challenges this position in the context of free speech jurisprudence. As the constitutional debates of 1787-91 show, the First Amendment and the Bill of Rights did not reflect a single view, but instead were intended to reconcile conflicting views on the proper relationship between liberty and government. In order to obtain the broad support necessary for adoption, the Bill of Rights was deliberately drafted on the level of general principles that could command a consensus. When …
Factless Jurisprudence, Darren Hutchinson
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Richard Kay
When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …
Unexplainable On Grounds Other Than Race: The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Hutchinson
Unexplainable On Grounds Other Than Race: The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Hutchinson
Darren L Hutchinson
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.
First, Professor Hutchinson examines the various …
Clarence Thomas And The Perils Of Amateur History, Mark Graber
Clarence Thomas And The Perils Of Amateur History, Mark Graber
Mark Graber
No abstract provided.
Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino
Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino
Michael R Dimino
A Positive Rights Interpretation Of The Establishment Clause, Alan E. Garfield
A Positive Rights Interpretation Of The Establishment Clause, Alan E. Garfield
Alan E Garfield
No abstract provided.
Essay: Of Rights Lost And Rights Found: The Coming Restoration Of The Right To A Jury Trial In Minnesota Civil Commitment Proceedings, Peter Erlinder
Essay: Of Rights Lost And Rights Found: The Coming Restoration Of The Right To A Jury Trial In Minnesota Civil Commitment Proceedings, Peter Erlinder
C. Peter Erlinder
No abstract provided.
The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee
The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee
Randy Lee
No abstract provided.
Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip, Andrew C. Spiropoulos
Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip, Andrew C. Spiropoulos
Andrew C. Spiropoulos
No abstract provided.