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Articles 1201 - 1230 of 1489
Full-Text Articles in Constitutional Law
Section 1983 Litigation, Martin A. Schwartz
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
Touro Law Review
No abstract provided.
The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel
The Nomination Of Justice Brennan: Eisenhower's Mistake: A Look At The Historical Record, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
Publications
No abstract provided.
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
John Marshall And The Moral Basis For Judicial Review, David F. Forte
John Marshall And The Moral Basis For Judicial Review, David F. Forte
Law Faculty Articles and Essays
During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.
Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode
Washington and Lee Law Review
No abstract provided.
Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Spring 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- Why the Founding Fathers Would Call Another Constitutional Convention Now (Malcom R. Wilkey)
- Gospel Teachings About Lying (Dallin H. Oaks)
- Against the Current (John Snyder)
- The Hurler of Stars: To Serve and To Revere (Elder Marion D. Hanks)
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
UIC Law Review
No abstract provided.
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used …
Terminator 2, Robert F. Nagel
Justice Blackmun, Federalism, And Separation Of Powers, Dan T. Coenen
Justice Blackmun, Federalism, And Separation Of Powers, Dan T. Coenen
Scholarly Works
On June 8, 1970, Harry A. Blackmun took his seat on the Supreme Court bench. Few then foresaw that, in the ensuing twenty-three terms of the Court, Justice Blackmun would make contributions to American law that rank no less than monumental. Justice Blackmun has become best known for his landmark opinion in Roe v. Wade and his increasingly pointed defense of libertarian and egalitarian values. During his long tenure on the Court, however, Justice Blackmun also quietly has shaped the law of constitutional federalism and separation of powers.
This reality first came to my attention in 1987, when I received …
A Further Word Against Consensus, John O. Mcginnis
A Further Word Against Consensus, John O. Mcginnis
Articles
In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
Enslaved To Judicial Supremacy?, H. Jefferson Powell
Enslaved To Judicial Supremacy?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This Article examines the diversion of the Takings Clause from its historic limited role to that of a charter for courts to second-guess legislative determinations of land-use rights and wrongs. As we shall see, prior to Lucas the Supreme Court and others following its lead have generally not regarded the Takings Clause as a warrant for reaching de novo determinations on land use problems and then substituting such judicial determinations, if different, for those of the legislature. Some notable exceptions in the Claims Court and Federal Circuit will then be considered along with the ostensible Supreme Court authority, a sentence …
Toward Meaningful Judicial Elections: A Case For Reform Of Canon 7, Michele Radosevich
Toward Meaningful Judicial Elections: A Case For Reform Of Canon 7, Michele Radosevich
Seattle University Law Review
This Comment argues that elections can give us good judges who are both accountable to the voters and able to decide cases impartially. To accomplish this, we must, in the words of one local media commentator, “take off the muzzle and allow judges to discuss issues.” But before one can propose change, one should understand the present system and the purposes it was designed to serve. Part II of this Comment examines Canon 7 of the Washington Code of Judicial Conduct and the balance it strikes between accountability and impartiality. Part III explores how the Canon has been interpreted in …