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Articles 2371 - 2400 of 3543
Full-Text Articles in Law
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
Duke Law Journal
No abstract provided.
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
The New Deal Constitution In Exile, William E. Forbath
The New Deal Constitution In Exile, William E. Forbath
Duke Law Journal
No abstract provided.
The New Unwritten Constitution, Jed Rubenfeld
A Localist Critique Of The New Federalism, David J. Barron
A Localist Critique Of The New Federalism, David J. Barron
Duke Law Journal
No abstract provided.
Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington
Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington
Duke Law Journal
No abstract provided.
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Duke Law Journal
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Duke Law Journal
No abstract provided.
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Duke Law Journal
No abstract provided.
The Very Faithless Elector, Vasan Kesavan
The Very Faithless Elector, Vasan Kesavan
West Virginia Law Review
No abstract provided.
The Louisiana Hydrocarbon Processing Tax, James C. Exnicios
The Louisiana Hydrocarbon Processing Tax, James C. Exnicios
Louisiana Law Review
No abstract provided.
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
Cornell International Law Journal
No abstract provided.
Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee
Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee
South Carolina Law Review
No abstract provided.
The Jeffersonian Vision Of Legal Education, Davison M. Douglas
The Jeffersonian Vision Of Legal Education, Davison M. Douglas
Journal of Legal Education
No abstract provided.
Privatization And Political Accountability, Jack M. Beermann
Privatization And Political Accountability, Jack M. Beermann
Faculty Scholarship
This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …
Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow
Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow
Missouri Law Review
This Article re-examines the landmark cases comprising the backbone of the family privacy doctrine and discloses, within the folds of their rhetoric of individual liberty, a policy of privacy promoting nuclear families. The re-examination of the landmark cases in Part II demonstrates that the policy of family privacy is to foster the creation and longevity of traditional, nuclear families. Part II illustrates how this policy has become more clearly articulated over time through the Court’s restrictive interpretation of fundamental rights and its recent decision in Troxel v. Granville, the much-awaited ruling on grandparental visitation rights. In Part III, this Article …
Guns, Privacy, And Revolution, Glenn Harlan Reynolds
Guns, Privacy, And Revolution, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
The Journal of Appellate Practice and Process
Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.
A Funny Thing Happened On The Way To The Multiple-Choice Exam: Or, The Schoolroom Lessons From Bush V. Gore, Marcella David
A Funny Thing Happened On The Way To The Multiple-Choice Exam: Or, The Schoolroom Lessons From Bush V. Gore, Marcella David
Journal of Legal Education
No abstract provided.
Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule
Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule
Duke Law Journal
No abstract provided.
Legislative Constitutional Interpretation, Neal Kumar Katyal
Legislative Constitutional Interpretation, Neal Kumar Katyal
Duke Law Journal
No abstract provided.
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet
Duke Law Journal
No abstract provided.
Alternatives In Fighting Street Gangs: Criminal Anti-Gang Ordinances V. Public Nuisance Laws, Silvia Perez
Alternatives In Fighting Street Gangs: Criminal Anti-Gang Ordinances V. Public Nuisance Laws, Silvia Perez
St. Thomas Law Review
Gang violence continues to be a problem in today's society. Gangs have spread beyond our inner cities into this nation's rural areas, parks and streets. The United States spends $20 billion a year treating the victims of gunshot wounds. "Gang violence is not only tearing at our moral culture and killing our children, it's also picking our pockets." Gangs exist in 94% of major American cities. Former President Clinton found the 1998 statistics released by the Bureau of Justice Statistics and the National Centre for Education Statistics unacceptable and urged Congress to "fight the trend by approving anti-gang and youth …
The Undersea World Of Foreign Relations Federalism, Edward T. Swaine
The Undersea World Of Foreign Relations Federalism, Edward T. Swaine
GW Law Faculty Publications & Other Works
Uncertainty surrounds the field of foreign relations federalism. The Supreme Court has left lower courts to decide significant issues with little guidance, the Constitution provides little direct instruction, and the tension between national and state authority creates policy arguments on both sides based on uncertain conceptions on injury to these interests. Scholars should seize the opportunity to explore new functions and values for states in today’s globalized world.
The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg
The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg
Fordham Law Review
No abstract provided.
A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff
Villanova Law Review (1956 - )
No abstract provided.
Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens
Faculty Articles
No abstract provided.
Too Young To Understand--Extending Equal Access To All Children In Public Schools Regardless Of Age, David Woodcock
Too Young To Understand--Extending Equal Access To All Children In Public Schools Regardless Of Age, David Woodcock
St. Thomas Law Review
Finding the right mix of church and state is not an easy task for our society. This is especially true in our public schools. Everyday, millions of elementary school students meet after school in public school facilities to participate in Girl Scouts, Boy Scouts, Cub Scouts, Brownies, and 4-H Clubs. These organizations share the goals of preparing young boys and girls to grow into men and women of good morals and character. Religious organizations that share these goals, however, are denied access to school facilities simply because they have a religious point of view. School districts have told children that …
The Three Nixon Cases And Their Parallels In Malaysia, Myint Zan
The Three Nixon Cases And Their Parallels In Malaysia, Myint Zan
St. Thomas Law Review
During the period from 1974 to 1982 the Supreme Court of the United States decided three cases in which the late Richard M. Nixon, the 37th President of the United States of America was involved as an appellant/ petitioner. All three cases decided by the United States Supreme Court bore the name of Richard Nixon in the title of the cases. This Article will attempt to discern some of the legal and constitutional issues which have arisen from these "Three Nixon" cases. Some of the issues in these cases would inevitably have arisen out of issues that are peculiar to …
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.