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Full-Text Articles in Law

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


Formalism, Pragmatism, And The Conservative Critique Of The Eleventh Amendment, Michael E. Solimine May 2003

Formalism, Pragmatism, And The Conservative Critique Of The Eleventh Amendment, Michael E. Solimine

Michigan Law Review

For many years the Second Amendment to the constitution was construed by most authorities to grant a communal right to bear arms, through state militias and the like. Some years ago Sanford Levinson labeled this interpretation "embarrassing" to liberal scholars. That characterization was deserved, Levinson argued, since liberal academics had been eager to defend expansive interpretations of other rights-granting provisions of the Constitution. But they failed to do so when it came to language in the Second Amendment, which could be plausibly construed to grant an individual right to bear arms. The failure might be attributed, in part, to the …


The Enumerated Powers Of States, Robert G. Natelson Jan 2003

The Enumerated Powers Of States, Robert G. Natelson

Robert G. Natelson

This article lists and discusses the powers reserved exclusively to the states, according the representations made to the ratifying public during the debates over the U.S. Constitution.