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Full-Text Articles in Law

Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld Jan 2020

Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld

Reviews

Andrew Coan’s book, Rationing the Constitution, offers a novel account of the forces that drive Supreme Court decisions across a wide array of highly controversial, vitally important areas of law. The project is ambitious. It endeavors to improve our understanding of forces that constrain the form and, ultimately, the substance of our constitutional law along each of its major axes: federalism, the separation of powers, and individual rights. I think it succeeds. The book’s central claim—that familiar (but underexplored) institutional constraints and background norms sharply limit the range of choices available to the Court when it is called upon to …


The D'Oh! Of Popular Constiutitonalism, Neal Devins Sep 2019

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Neal E. Devins

No abstract provided.


The Democracy-Forcing Constitution, Neal Devins Sep 2019

The Democracy-Forcing Constitution, Neal Devins

Neal E. Devins

No abstract provided.


Government Lawyers And The New Deal, Neal Devins Sep 2019

Government Lawyers And The New Deal, Neal Devins

Neal E. Devins

No abstract provided.


Book Review Of The Second American Revolution, Neal Devins Sep 2019

Book Review Of The Second American Revolution, Neal Devins

Neal E. Devins

No abstract provided.


Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas Sep 2019

Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas

Davison M. Douglas

No abstract provided.


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jul 2019

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Russell A. Miller

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jan 2016

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Scholarly Articles

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …


Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers Jan 2016

Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers

Scholarly Articles

Tucked inside the title page of David Lat’s Supreme Ambitions, just after a note giving credit for the cover design and before the copyright notice, sits a standard disclaimer of the sort that appears in all novels: “This is a work of fiction. Names, characters, places, and events either are the products of the author’s imagination or are used fictitiously. Any resemblance to actual persons, living or dead, events or locales is entirely coincidental.” These may be the most truly fictional words in the entire book. Its judicial characters are recognizable as versions of real judges, including, among others, …


From Space-Off To Represented Space, Lolita Buckner Inniss Jan 2013

From Space-Off To Represented Space, Lolita Buckner Inniss

Publications

In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, …


Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr. Jan 2010

Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr.

Other Publications

No abstract provided.


The D'Oh! Of Popular Constiutitonalism, Neal Devins Jan 2007

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Faculty Publications

No abstract provided.


The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches Jan 2001

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

Publications

No abstract provided.


The Democracy-Forcing Constitution, Neal Devins May 1999

The Democracy-Forcing Constitution, Neal Devins

Faculty Publications

No abstract provided.


Progress And Constitutionalism, Robert F. Nagel Jan 1996

Progress And Constitutionalism, Robert F. Nagel

Publications

No abstract provided.


Government Lawyers And The New Deal, Neal Devins Jan 1996

Government Lawyers And The New Deal, Neal Devins

Faculty Publications

No abstract provided.


Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr. Jan 1994

Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas Jan 1992

Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas

Faculty Publications

No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Book Review Of The Second American Revolution, Neal Devins Apr 1985

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.


Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr. Jan 1983

Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Book Review, Robert F. Nagel Jan 1979

Book Review, Robert F. Nagel

Publications

No abstract provided.


Book Review Of The Modern Supreme Court By Robert C. Mccloskey, Edward A. Purcell Jr. Jan 1973

Book Review Of The Modern Supreme Court By Robert C. Mccloskey, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Pritchett: The Roosevelt Court, Michigan Law Review Dec 1948

Pritchett: The Roosevelt Court, Michigan Law Review

Michigan Law Review

A Review of THE ROOSEVELT COURT. By C. Herman Pritchett.