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Full-Text Articles in Law
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Publications
Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.
The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …
The Failure Of The Criminal Procedure Revolution, William T. Pizzi
The Failure Of The Criminal Procedure Revolution, William T. Pizzi
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No abstract provided.
Narrowly Tailoring The Covid-19 Response, Craig Konnoth
Narrowly Tailoring The Covid-19 Response, Craig Konnoth
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No abstract provided.
Excavating The Forgotten Suspension Clause, Helen Norton
Excavating The Forgotten Suspension Clause, Helen Norton
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No abstract provided.
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux
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No abstract provided.
Conservatives And The Court, Robert F. Nagel
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
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No abstract provided.
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
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Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament was …
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
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No abstract provided.
The Incompatibility Principle, Harold H. Bruff
Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton
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In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.
The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
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No abstract provided.
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
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No abstract provided.
What Bush V. Gore Means For Elections In The 21st Century, Helen Norton
What Bush V. Gore Means For Elections In The 21st Century, Helen Norton
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No abstract provided.
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
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No abstract provided.
Authorizing Interpretation, Pierre Schlag
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
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No abstract provided.
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
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No abstract provided.
Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya
Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya
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No abstract provided.
Introduction, Paul F. Campos
Progress And Constitutionalism, Robert F. Nagel
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
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No abstract provided.
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
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No abstract provided.
The Future Of Federalism, Robert F. Nagel
Hiding The Ball, Pierre Schlag
Affirmative Action As A Women's Issue, Helen Norton
Affirmative Action As A Women's Issue, Helen Norton
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No abstract provided.
A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel
A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel
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Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
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The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
Voice In Government: The People, Emily Calhoun
A Heterodox Catechism, Paul Campos