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Articles 1 - 26 of 26
Full-Text Articles in Law
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet
Articles & Chapters
In all fifty states, the State Attorney General (SAG) — as the state’s chief legal officer — is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional — an action scholars describe as “nondefense” — the SAG ordinarily will disclose this decision to the public.
This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus …
What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.
What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Articles & Chapters
No abstract provided.
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Articles & Chapters
No abstract provided.
Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr.
Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr.
Articles & Chapters
This article considers the significance of the Civil Rights Movement of the 1950s and 1960s, focusing on one of its signature events, the March on Washington in 1963 and the “I Have a Dream” speech that Martin Luther King gave on the occasion. Blending historical analysis with personal memory, it considers the long struggle for civil rights, the impact of both the March and the Speech, and the meaning they held for those who shared their ideals and sought to fulfill their goals. The article then traces the decline of the Civil Rights Movement in the altered political and social …
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Articles & Chapters
No abstract provided.
The Cause Lawyer’S Cause, Frank W. Munger
The Cause Lawyer’S Cause, Frank W. Munger
Articles & Chapters
The promise of human rights in South Africa may depend significantly on the course chosen by a professional and relatively independent South African judiciary. But what about the promise of human rights in other developing states which lack a judiciary with similar potential? Cause lawyers, increasingly visible in many of these new states, are presumed carriers of liberal legalism and democracy and celebrated for their courageous defence of human rights even in the absence of an independent court system. This comment argues that celebration of cause lawyers may reflect presumptions about their causes that are questionable even in the Global …
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Constitutional Law And Values - Version '08 (Not Necessarily And Upgrade), Nadine Strossen
Articles & Chapters
No abstract provided.
A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker
A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker
Articles & Chapters
No abstract provided.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz
Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz
Articles & Chapters
The essay describes the most meaningful recent decisions of the Supreme Court of the United States and of lower courts on single brand aftermarkets for replacement parts and services, putting into historical context the market economics that inspires current antitrust jurisprudence. Particularly, it shows that the .post-classical approach has never entirely superceded neo-classical doctrines. Rather, several shifting tides of theory have swept, and still sweep, over the domain of antitrust doctrine influencing the debate unevenly.
Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen
Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen
Articles & Chapters
No abstract provided.
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The New Activist Court, Donald H. Zeigler
Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen
Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen
Articles & Chapters
No abstract provided.
Politics And The Rehnquist Court, James F. Simon
Politics And The Rehnquist Court, James F. Simon
Articles & Chapters
No abstract provided.
Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler
Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler
Articles & Chapters
No abstract provided.
Notes For A Consistent And Meaningful Sixth Amendment, Randolph N. Jonakait
Notes For A Consistent And Meaningful Sixth Amendment, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait
Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Review Essay: Charting The Bicentennial, Richard B. Bernstein
Review Essay: Charting The Bicentennial, Richard B. Bernstein
Articles & Chapters
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin
Articles & Chapters
No abstract provided.
An Invitation To The Dance: An Empirical Response To Chief Justice Warren Burger’S ‘Time-Consuming Procedural Minuets’ Theory In Parham V. J.R., Michael L. Perlin
An Invitation To The Dance: An Empirical Response To Chief Justice Warren Burger’S ‘Time-Consuming Procedural Minuets’ Theory In Parham V. J.R., Michael L. Perlin
Articles & Chapters
No abstract provided.
New Communications Technologies: The Emerging Antitrust Agenda, Michael Botein
New Communications Technologies: The Emerging Antitrust Agenda, Michael Botein
Articles & Chapters
No abstract provided.
Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler
Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler
Articles & Chapters
No abstract provided.