Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Asylum (1)
- Bonham v. Bouiss (1)
- Checks and balances (1)
- Chicago School (1)
- Columbia Law Review (1)
-
- Constitutional convention (1)
- Cooperative federalism (1)
- Double security (1)
- Executive power (1)
- Federalist (1)
- Free markets (1)
- George Washington Law Review (1)
- Jotwell Journal of Things We Like (1)
- Legal changes (1)
- Mass incarceration (1)
- Neoliberalism (1)
- Original intent (1)
- Original meaning (1)
- Originalism (1)
- Prison (1)
- Racial restriction (1)
- SSRN (1)
- Separation of powers (1)
- War Brides Act (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Case For Original Intent, Jamal Greene
The Case For Original Intent, Jamal Greene
Faculty Scholarship
This Article seeks to situate the constitutional culture's heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because they supply evidence of original meaning but rather because the practice of advancing historical arguments is best understood as a rhetorical exercise that derives persuasive authority from the heroic character of the Founding generation. This exercise fits within a long tradition of originalist argument and need not be abandoned in the quest for a more perfect originalism.
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
Faculty Scholarship
In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …
Federalism As A Safeguard Of The Separation Of Powers, Jessica Bulman-Pozen
Federalism As A Safeguard Of The Separation Of Powers, Jessica Bulman-Pozen
Faculty Scholarship
States frequently administer federal law, yet scholars have largely overlooked how the practice of cooperative federalism affects the balance of power across the branches of the federal government. This Article explains how states check the federal executive in an era of expansive executive power and how they do so as champions of Congress, both relying on congressionally conferred authority and casting themselves as Congress's faithful agents. By inviting the states to carry out federal law, Congress, whether purposefully or incidentally, counteracts the tendency of statutory ambiguity and broad delegations of authority to enhance federal executive power. When states disagree with …
Love And War, Christina D. Ponsa-Kraus
Love And War, Christina D. Ponsa-Kraus
Faculty Scholarship
Legal historians: Find a window to read Rose Cuison Villazor’s “The Other Loving,” published in the NYU Law Review last fall. Although Villazor, Associate Professor of Law at Hofstra, does not identify primarily as a legal historian, she has written more than one historical work well worth a read. An earlier article examined alien land laws in the United States, telling the story of Oyama v. California (1948), which held unconstitutional a provision of California’s Alien Land Law that discriminated against owners of property bought by parents who were ineligible to become U.S. citizens. This more recent article, in …