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Articles 1111 - 1140 of 1489
Full-Text Articles in Constitutional Law
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman
Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman
Michigan Law Review
Ages ago, I had the excellent luck to fall into a collaboration with Terrance Sandalow to produce a casebook now long forgotten. There could have been no more bracing or beneficial learning experience for a fledgling legal scholar (meaning me). What brought us together indeed was luck from my standpoint, but it was enterprise, too - the brokerage of an alert West Publishing Company editor picking up on a casual remark of mine as he made one of his regular sweeps through Harvard Law School. A novice law professor, I mentioned to him how much I admired a new essay …
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
Articles
No abstract provided.
Why The Courts, Anthony Lewis
Assessing The New Judicial Minimalism, Christopher J. Peters
Assessing The New Judicial Minimalism, Christopher J. Peters
All Faculty Scholarship
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Michigan Law Review
William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Michigan Law Review
In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
UIC Law Review
No abstract provided.
Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton
Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton
UIC Law Review
No abstract provided.
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss
Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss
UIC Law Review
No abstract provided.
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
UIC Law Review
No abstract provided.
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
UIC Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely
UIC Law Review
No abstract provided.
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
UIC Law Review
No abstract provided.
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
UIC Law Review
No abstract provided.
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
UIC Law Review
No abstract provided.
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
UIC Law Review
No abstract provided.
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.
UIC Law Review
No abstract provided.
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
UIC Law Review
No abstract provided.
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Supreme Court Federalism Decisions, Leon Friedman
Supreme Court Federalism Decisions, Leon Friedman
Touro Law Review
No abstract provided.
Regulatory Takings And "Judicial Supremacy", J. Peter Byrne
Regulatory Takings And "Judicial Supremacy", J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The thesis of this Article is that the Court of Federal Claims and the Court of Appeals for the Federal Circuit have become exposed to this classic critique of constitutional decision-making through the recent expansions of the regulatory takings doctrine. Though the chief agent for this expansion has been the Supreme Court, these lower courts have made their own prominent contributions to broadening regulatory takings, and they are far more vulnerable to political reprisals. Like the Due Process Clause in the gilded age, the Takings Clause today can easily be and has been seen as an avenue for inappropriate judicial …
Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West
Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West
Georgetown Law Faculty Publications and Other Works
Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come …
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Publications
No abstract provided.