Law Commons^™

Meaning And Belief In Constitutional Interpretation, Andrei Marmor

Cornell Law Faculty Publications

The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of …

Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …

Foreword

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Forgotten Equality Norm In Immigration Preemption: Discrimination, Harassment, And The Civil Rights Act Of 1870, Lucas Guttentag

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Immigration Structuralism: A Return To Form, David S. Rubenstein

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Delegating Away The Unitary Executive: Reviewing Ina § 287(G) Agreements Through The Lens Of The Unitary Executive Theory, Matthew A. Smith

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Regressing Progress Clause: Rethinking Constitutional Indifference To Harmful Content In Copyright, Ned Snow

Faculty Publications

The Constitution's Progress Clause purports to restrict Congress's copyright power to works that "promote the Progress of Science and useful Arts." For most of the past two centuries, this Clause has set a minimal content-based standard for copyright eligibility. It denied protection for a work whose content did not rise to the level of useful knowledge, in that the work either lacked compositional value or portrayed an immoral or unlawful subject matter. As evidenced by judicial and scholarly writings, this construction of the Progress Clause was consistent with the 1903 decision in Bleistein v. Donaldson Lithographing Co., where the Court …

The Inclusiveness Of The New Originalism, James E. Fleming

Fordham Law Review

No abstract provided.

The New Originalism And The Uses Of History, Jack M. Balkin

Fordham Law Review

    Central to the new originalism is the distinction between constitutional interpretation and constitutional construction. Interpretation tries to determine the Constitution’s original communicative content, while construction builds out doctrines, institutions, and practices over time. Most of the work of constitutional lawyers and judges is constitutional construction.

    The distinction between interpretation and construction has important consequences for constitutional theory. In particular, it has important consequences for longstanding debates about how lawyers use history and should use history.

    First, construction, not interpretation, is the central case of constitutional argument, and most historical argument occurs in the construction zone.

    Second, although people often associate …

Justifying Power: Federalism, Immigration, And ‘Foreign Affairs’, Erin F. Delaney

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Addressing Climate Change: Have The Political Winds Shifted In Favor Of A Carbon Tax?, Jesse Reiblich

LSU Journal of Energy Law and Resources

Policymaking to combat climate change has been almost nonexistent despite the scientific community’s consensus that the time to act is now. Regardless, climate change remains a volatile political issue that divides our nation and its legislators. Advocates of reducing carbon emissions have traditionally endorsed several tools available to policymakers and administrative agencies in order to curb climate change: rulemaking under the Clean Air Act, capand-trade, and carbon taxes. Carbon tax legislation has gained traction after endorsements from both sides of the political aisle, and because it could be used to raise funds to reduce the United States’ deficit. Even policymakers …

Mineral Lease Division Revisited - An Old Doctrine With New Applications, Randall S. Davidson, Andrew D. Martin

LSU Journal of Energy Law and Resources

No abstract provided.

Ehearsay, Jeffrey Bellin

Faculty Publications

No abstract provided.

"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford

Faculty Journal Articles & Other Writings

This article discusses the Montana hearsay exception for "dying declarations."

We The People: A Needed Reform Of State Initiative And Referendum Procedures, Nicholas R. Theodore

Missouri Law Review

Part II of this Comment begins by detailing the history of the ballot initiative and referendum in the United States. Part III next details the different types of initiatives and referenda commonly used in the United States. Part IV discusses the merits of the ballot initiative, discussing both benefits and disadvantages. Part V gives an overview of various state approaches to initiative procedures. Part VI introduces some of the various procedural shortfalls in the initiative process. Part VII discusses Missouri common law and how the courts have helped shape Missouri’s law in the initiative process. Part VIII examines Brown v. …

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin

University of Richmond Law Review

No abstract provided.

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

This article presents a survey of the significant developments in the area of K-12 education law in Virginia from 2012 to the present. After two of the most active legislative and judicial sessions for education policy in recent years, this review can present only a select number of the many education-related statutes and judicial decisions introduced during this time. This survey places a special emphasis on the Virginia General Assembly's recent legislative updates to the Virginia education code. The volume and significance of these updates reflects Governor Robert McDonnell's commitment in 2013 to pursuing a bold education agenda. As Congress …

Taxation, Craig D. Bell

University of Richmond Law Review

The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth, Philip Carter Strother, Andrew E. Tarney

University of Richmond Law Review

No abstract provided.

Family Law, Sharon K. Lieblich

University of Richmond Law Review

No abstract provided.

Terminating Parental Rights Through A Backdoor In The Virginia Code: Adoptions Under Section 63.2-1202(H), Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.

Nonsuit In Virginia Civil Trials, Richard G. Moore

University of Richmond Law Review

No abstract provided.

Commonwealth And Constitution, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.

Masthead

LSU Journal of Energy Law and Resources

No abstract provided.

Louisiana Lignite Mining In The Wake Of The Haynesville Shale, Bobby S. Gilliam, Jonathan P. Mccartney

LSU Journal of Energy Law and Resources

No abstract provided.

Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray

LSU Journal of Energy Law and Resources

No abstract provided.

How Long Do We Have? The Applicability Of Thesuspension Doctrine For Louisiana Mineral Leases In Light Of Ferrara V. Questar, Noah B. Baker

LSU Journal of Energy Law and Resources

No abstract provided.