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Articles 3001 - 3030 of 3541
Full-Text Articles in Law
A Case Of Treasonous Interpretation, W. T. Brotherton Jr.
A Case Of Treasonous Interpretation, W. T. Brotherton Jr.
West Virginia Law Review
No abstract provided.
The New Federalism In West Virginia, Thomas B. Miller
The New Federalism In West Virginia, Thomas B. Miller
West Virginia Law Review
No abstract provided.
In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin
In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin
West Virginia Law Review
The bicentennial of any constitution is surely an invitation to much sententious rhetoric. But the bicentennial of THE Constitution, The American Constitution of 1787, is an occasion for oratorical pyrotechnics of the first magnitude. So I shall make my brief tribute to note the importance of the Constitution as symbol - symbol of our national resolve to be a good society. Constitutions, in general, have two distinct functions: (1) As the outward sign and symbol of a society's fundamental commitment to social values and (2) perhaps more mundanely, as the framework for a political order. Our Constitution of 1787 (or …
The Role Of Original Intent In Reading A Two Hundred Year Old Constitution, Darrell V. Mcgraw Jr., Elizabeth L. Crittenden
The Role Of Original Intent In Reading A Two Hundred Year Old Constitution, Darrell V. Mcgraw Jr., Elizabeth L. Crittenden
West Virginia Law Review
No abstract provided.
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
West Virginia Law Review
Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …
Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez
Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez
University of Miami Law Review
No abstract provided.
The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent
The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent
Duke Law Journal
Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
State Adoption Of Federal Law: Exploring The Limits Of Florida's "Forced Linkage" Amendment, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court independence. Accordingly, this article argues, the 1983 amendment to article I, section 12 of the Florida Constitution should be repealed. If not repealed, it should be interpreted to permit Florida courts broad discretion in developing their own stance on search and seizure law. So construed, the amendment would only require Florida courts to abide by those United States Supreme Court opinions that provide (1) an authoritative holding that …
Substance Process And Outcome In Constitutional Theory , David Lyons
Substance Process And Outcome In Constitutional Theory , David Lyons
Cornell Law Review
No abstract provided.
Substance, Process And Outcome In Constitutional Theory, David B. Lyons
Substance, Process And Outcome In Constitutional Theory, David B. Lyons
Faculty Scholarship
Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.
And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …
Constitutional Law And Constitutional History, Lewis H. Larue
Constitutional Law And Constitutional History, Lewis H. Larue
Scholarly Articles
Not available.
The American Constitution: A Double Life, Lawrence M. Friedman
The American Constitution: A Double Life, Lawrence M. Friedman
University of Arkansas at Little Rock Law Review
No abstract provided.
Taking Libel Reform Seriously, Rodney A. Smolla
The Role Of The Supreme Court: Introduction By Whitman H. Ridgway, Whitman H. Ridgway
The Role Of The Supreme Court: Introduction By Whitman H. Ridgway, Whitman H. Ridgway
Maryland Law Review
No abstract provided.
Rowan: Response To Comments, Carl T. Rowan
After The Imperial Presidency: Introduction By Whitman H. Ridgway, Whitman H. Ridgway
After The Imperial Presidency: Introduction By Whitman H. Ridgway, Whitman H. Ridgway
Maryland Law Review
No abstract provided.
Equality As A Constitutional Concept: Introduction By Whitman H. Ridgway, Whitman H. Ridgway
Equality As A Constitutional Concept: Introduction By Whitman H. Ridgway, Whitman H. Ridgway
Maryland Law Review
No abstract provided.
Equality As A Constitutional Concept, Carl T. Rowan
Equality As A Constitutional Concept, Carl T. Rowan
Maryland Law Review
No abstract provided.
Berns: Comment On Rowan, Walter Berns
Belz: Comment On Rowan, Herman Belz
Taylor: Comment On Rowan, William L. Taylor
Kennedy: Comment On Rowan, Randall Kennedy
The Constitution And Presidential Leadership, Arthur M. Schlesinger Jr.
The Constitution And Presidential Leadership, Arthur M. Schlesinger Jr.
Maryland Law Review
No abstract provided.
Kurland: Commen On Schlesinger, Philip B. Kurland
Kurland: Commen On Schlesinger, Philip B. Kurland
Maryland Law Review
No abstract provided.
Cooper: Comment On Schlesinger, Charles J. Cooper
Cooper: Comment On Schlesinger, Charles J. Cooper
Maryland Law Review
No abstract provided.
Greene: Comment On Schlesinger, Linda S. Greene
Greene: Comment On Schlesinger, Linda S. Greene
Maryland Law Review
No abstract provided.
Ceaser: Comment On Schlesinger, James W. Ceaser
Ceaser: Comment On Schlesinger, James W. Ceaser
Maryland Law Review
No abstract provided.
The Role Of The Supreme Court: Judicial Activism Or Self-Restraint?, Archibald Cox
The Role Of The Supreme Court: Judicial Activism Or Self-Restraint?, Archibald Cox
Maryland Law Review
No abstract provided.