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Articles 1 - 30 of 91

Full-Text Articles in Law

Abstention, Separation Of Powers, And Recasting The Meaning Of Judicial Restraint, William P. Marshall Jan 2013

Abstention, Separation Of Powers, And Recasting The Meaning Of Judicial Restraint, William P. Marshall

Faculty Publications

No abstract provided.


On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt Jan 2013

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall Jan 2013

The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall

Faculty Publications

No abstract provided.


The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall Jan 2013

The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall

Faculty Publications

No abstract provided.


The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller Jan 2013

The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller

Faculty Publications

No abstract provided.


Constitutional Branding, Michael J. Gerhardt Jan 2012

Constitutional Branding, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau Jan 2012

Would A Constitutional Amendment Protect And Promote Marriage In North Carolina? An Analysis Of Data From 2000 To 2009, Holning S. Lau

Faculty Publications

No abstract provided.


National Healthcare And American Constitutional Culture, William P. Marshall Jan 2012

National Healthcare And American Constitutional Culture, William P. Marshall

Faculty Publications

No abstract provided.


Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii Jan 2012

Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii

Faculty Publications

No abstract provided.


State Debts & Federal Jurisdiction, John V. Orth Jan 2012

State Debts & Federal Jurisdiction, John V. Orth

Faculty Publications

No abstract provided.


Progressive Constitutionalism, Originalism, And The Significance Of Landmark Decisions In Evaluating Constitutional Theory, William P. Marshall Jan 2011

Progressive Constitutionalism, Originalism, And The Significance Of Landmark Decisions In Evaluating Constitutional Theory, William P. Marshall

Faculty Publications

No abstract provided.


Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall Jan 2011

Smith, Christian Legal Society, And Speech-Based Claims For Religious Exemptions From Neutral Laws Of General Applicability, William P. Marshall

Faculty Publications

No abstract provided.


Trumping Politics: The Roberts Court And "Judicial Review", Gene Nichol Jan 2011

Trumping Politics: The Roberts Court And "Judicial Review", Gene Nichol

Faculty Publications

No abstract provided.


Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt Jan 2010

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall Jan 2010

Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall

Faculty Publications

No abstract provided.


Constitutional Construction And Departmentalism: A Case Study Of The Demise Of The Whig Presidency, Michael J. Gerhardt Jan 2010

Constitutional Construction And Departmentalism: A Case Study Of The Demise Of The Whig Presidency, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Judging Congress, Michael J. Gerhardt Jan 2009

Judging Congress, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller Jan 2009

Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller

Faculty Publications

No abstract provided.


"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Jan 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

Faculty Publications

No abstract provided.


Symposium: The Religion Clauses In The 21st Century -- Introduction, William P. Marshall, Vivian E. Hamilton, John E. Taylor Jan 2007

Symposium: The Religion Clauses In The 21st Century -- Introduction, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Faculty Publications

No abstract provided.


Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller Jan 2007

Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller

Faculty Publications

No abstract provided.


Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller Jan 2007

Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller

Faculty Publications

No abstract provided.


Break Up The Presidency? Governors, State Attorneys General, And Lessons From The Divided Executive, William P. Marshall Jan 2006

Break Up The Presidency? Governors, State Attorneys General, And Lessons From The Divided Executive, William P. Marshall

Faculty Publications

No abstract provided.


What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt Jan 2006

What's Old Is New Again, Symposium: The Role Of Judges In The 21st Century, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Constitutional Significance Of Forgotten Presedents, Michael J. Gerhardt Jan 2006

The Constitutional Significance Of Forgotten Presedents, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Super Precedent, Michael J. Gerhardt Jan 2006

Super Precedent, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Why The Catholic Majority On The Supreme Court May Be Unconstitutional, Symposium On Catholicism And The Court, Michael J. Gerhardt Jan 2006

Why The Catholic Majority On The Supreme Court May Be Unconstitutional, Symposium On Catholicism And The Court, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller Jan 2006

Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller

Faculty Publications

No abstract provided.


The Enumeration Of Rights: "Let Me Count The Ways", John V. Orth Jan 2006

The Enumeration Of Rights: "Let Me Count The Ways", John V. Orth

Faculty Publications

No abstract provided.


The Limited Path Dependency Of Precedent, Michael J. Gerhardt Jan 2005

The Limited Path Dependency Of Precedent, Michael J. Gerhardt

Faculty Publications

No abstract provided.