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Articles 31 - 42 of 42
Full-Text Articles in Law
The Supreme Court, Bush V. Gore, And Rough Justice, William P. Marshall
The Supreme Court, Bush V. Gore, And Rough Justice, William P. Marshall
Faculty Publications
No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz
Scholarly Works
No abstract provided.
Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson
Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Federal Funding Conditions: Bursting Through The Dole Loopholes, Celestine Mcconville
Federal Funding Conditions: Bursting Through The Dole Loopholes, Celestine Mcconville
Celestine Richards McConville
No abstract provided.
Making Laws Moral: A Defense Of Substantive Canons Of Construction, Andrew C. Spiropoulos
Making Laws Moral: A Defense Of Substantive Canons Of Construction, Andrew C. Spiropoulos
Andrew C. Spiropoulos
No abstract provided.
The Mischief Of Cohen V. Cowles Media Co., Alan E. Garfield
The Mischief Of Cohen V. Cowles Media Co., Alan E. Garfield
Alan E Garfield
For a short, sloppily reasoned 5-4 decision that textbook editors have largely consigned to note status, Cohen v. Cowles Media Co. has had a remarkably insidious influence on First Amendment law. The problem is not so much the decision’s holding. The Supreme Court’s conclusion that newspapers could be liable for breaching a promise of anonymity to a source might actually further speech interests. The problem instead is in Cohen’s reasoning. It is the way in which the Supreme Court so cavalierly dismissed the argument that the First Amendment precluded punishing media defendants for the publication of truthful information. The Court …
Laws As Treaties? The Constitutionality Of The Congressional-Executive Agreement, John C. Yoo
Laws As Treaties? The Constitutionality Of The Congressional-Executive Agreement, John C. Yoo
John C Yoo
This article develops a theory explaining the constitutionality of the congressional-executive agreement, an alternatve to treaties. The puzzle is that our nation continues to use treaties at all, since congressional-executive agreements need only recieve simple legislative majorities for their approval. This article argues that in order to maintain the Constitution's balance between executive and legislative powers, congressional-executive agreements have been used in areas of Congress's Article I, Section powers, and that treaties continue to be used in areas where cooperation between the executive and legislative branches is necessary, or where the subject lies outside of Congress's enumerated powers.
Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino
Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino
Michael R Dimino
All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino
All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino
Michael R. Dimino
No abstract provided.
"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety
"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety
Tamara R. Piety
This article compares the psychology of addition and the psychology of advertising and argues that the parallels suggest that some regulation of advertising is in the public interest.