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Full-Text Articles in Law

Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman Nov 2013

Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman

Barry Cushman

This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …


If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger Jun 2013

If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger

Indiana Journal of Law and Social Equality

No abstract provided.


Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer Jun 2013

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.


Skiles, Henry Hamilton, 1832-1889 (Sc 2688), Manuscripts & Folklife Archives Mar 2013

Skiles, Henry Hamilton, 1832-1889 (Sc 2688), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2688. Correspondence and other professional papers of Henry Hamilton Skiles, an attorney of Warren County, Kentucky, relating mainly to Civil War claims, courts martial, and applications for release of prisoners of war. Other letters relate to an impressment of a slave to work on the fortifications at Bowling Green, Kentucky, a slave’s travel in Kentucky with a Michigan regiment, and compensation claims for the loss of slaves in Warren County, Kentucky.


Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr. Jan 2013

Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.

Law Faculty Publications

Reconstruction Amendments says about the nature of American citizenship. The essay is organized as follows. Part I of the essay explores citizenship and membership by discussing belonging-based citizenship and rights-based citizenship. Part II describes how American and African American citizenship were constructed prior to the passage of the Reconstruction Amendments. Part III notes a few cases to explain how the Reconstruction Amendment's jurisprudence has developed in the wake of Dred Scott v. Sandford' and possibly led to a tilt toward a rights-based citizenship rather than a somewhat more robust belonging-based citizenship.


What The Actions Of Abe Lincoln Continue To Teach Us Today, Michael Slinger Dec 2012

What The Actions Of Abe Lincoln Continue To Teach Us Today, Michael Slinger

Michael J. Slinger

No abstract provided.