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Articles 1 - 30 of 33
Full-Text Articles in Law
Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein
Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein
Maryland Law Review
During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These …
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Book Gallery
This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …
Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly
Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly
Schmooze 'tickets'
No abstract provided.
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Schmooze 'tickets'
No abstract provided.
To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson
To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson
Schmooze 'tickets'
No abstract provided.
Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen
Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen
Schmooze 'tickets'
No abstract provided.
Hungary: An Election In Question, Kim Lane Scheppele
Hungary: An Election In Question, Kim Lane Scheppele
Schmooze 'tickets'
No abstract provided.
The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith
The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith
Schmooze 'tickets'
No abstract provided.
What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff
What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff
Schmooze 'tickets'
No abstract provided.
The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson
The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson
Schmooze 'tickets'
In recent years, courts and commentators have focused on the federalism-based limits on the power of the federal government, with significantly less attention given to similar constraints on state power. It is not surprising, therefore, that both camps have overlooked that the Ninth and Tenth Amendments, with their reservation of both rights and power “to the people” contain a popular sovereignty principle that affects the constitutionality of various state election law regulations. This goal of this Article is to reaffirm that the people are, in essence, part of the federalism equation, and not simply as protectors of state power, but …
Are Elections Necessary?, Sanford Levinson
The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout
The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout
Schmooze 'tickets'
This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii
Schmooze 'tickets'
No abstract provided.
The Idea Of Democracy In The Early Republic, Keith Whittington
The Idea Of Democracy In The Early Republic, Keith Whittington
Schmooze 'tickets'
No abstract provided.
"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore
"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore
Schmooze 'tickets'
No abstract provided.
Why Campaign Finance Matters, Prithviraj Datta
Why Campaign Finance Matters, Prithviraj Datta
Schmooze 'tickets'
Due to the combination of a host of factors – among them being the Supreme Court decision in the case of Citizens United v FEC, the not-entirely-unrelated explosion of Super PACs as a political force in electoral politics, and the tremendous increase in the amounts that candidates and parties have been spending in their campaign efforts – the issue of campaign finance has, once again, rise to prominence in scholarly and public debate. Unsurprisingly, given the highly polarized and divisive political environment in which we live, the debate over campaign finance is characterized by a sharp cleavage of opinion …
Compulsory Voting, Howard Schweber
Abolish Districts, Corinna Barrett Lain
Citizens Derided: Corporate Politics And Religion In The Roberts Court, Jamin Raskin
Citizens Derided: Corporate Politics And Religion In The Roberts Court, Jamin Raskin
Schmooze 'tickets'
No abstract provided.
Powers And Rights In Shelby County V. Holder, Corey Brettschneider
Powers And Rights In Shelby County V. Holder, Corey Brettschneider
Schmooze 'tickets'
No abstract provided.
Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers
Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers
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No abstract provided.
The Problem Of Voter Fraud, Michael D. Gilbert
The Problem Of Voter Fraud, Michael D. Gilbert
Schmooze 'tickets'
No abstract provided.
American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein
American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein
Schmooze 'tickets'
No abstract provided.
Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg
Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg
Schmooze 'tickets'
No abstract provided.
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Faculty Scholarship
The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes.
The strongest existing argument that state prisoners are constitutionally entitled to a federal habeas forum involves a theory of incorporation under the Fourteenth Amendment’s Due Process Clause. I provide a new and different account: specifically, that the Fourteenth Amendment’s Privileges and Immunities Clause (“PI Clause”) guarantees a habeas privilege as a feature of national citizenship, and that the corresponding habeas …
Belling The Partisan Cats: Preliminary Thoughts On Identifying And Mending A Dysfunctional Constitutional Order, Mark A. Graber
Belling The Partisan Cats: Preliminary Thoughts On Identifying And Mending A Dysfunctional Constitutional Order, Mark A. Graber
Faculty Scholarship
This paper sharpens debates over whether the Constitution of the United States and the American constitutional order are presently dysfunctional, the nature of any dysfunctions, and how underlying regime flaws are likely to be corrected. Rather than focusing primarily on constitutional text, this Article explores the dynamic ways in which constitutional processes have influenced and been influenced by the structure of constitutional politics. Constitutional dysfunction is best conceptualized as the failure of a constitutional order rather than as a consequence of a flawed constitutional text, and dysfunction typically occurs when a regime is unable to transition from a dysfunctional constitutional …
Beard And Uber-Beard, Mark A. Graber
Woollard V. Gallagher: Normalizing The Fourth Circuit’S Approach To Second Amendment Challenges, William Young Jr.
Woollard V. Gallagher: Normalizing The Fourth Circuit’S Approach To Second Amendment Challenges, William Young Jr.
Maryland Law Review Online
No abstract provided.
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
Student Articles and Papers
Starting in August 2011, America has undergone a series of fiscal and political crises surrounding the threat of defaulting on the national debt and the need to raise the debt ceiling. These crises have caused tremendous stress and irreparable harm to our financial markets and political system, causing a downgrade in United States debt for the first time in history, forcing drastic budget cuts, and contributing to a sixteen-day government shutdown this past October. What is most unfortunate, however, is that all of this was preventable for the simple reason that, as a matter of constitutional law, defaulting on the …
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Journal of Business & Technology Law
No abstract provided.