Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (210)
- Touro University Jacob D. Fuchsberg Law Center (139)
- Yeshiva University, Cardozo School of Law (74)
- University of Michigan Law School (70)
- University of Colorado Law School (68)
-
- UIC School of Law (56)
- Georgetown University Law Center (47)
- University of Richmond (40)
- Pepperdine University (39)
- Duke Law (33)
- Maurer School of Law: Indiana University (32)
- Roger Williams University (32)
- BLR (31)
- Fordham Law School (28)
- Northwestern Pritzker School of Law (28)
- William & Mary Law School (25)
- University of Georgia School of Law (23)
- Cornell University Law School (22)
- New York Law School (22)
- American University Washington College of Law (21)
- Chicago-Kent College of Law (17)
- Notre Dame Law School (17)
- Cleveland State University (16)
- Columbia Law School (14)
- University of the Pacific (14)
- Brooklyn Law School (13)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (13)
- Schulich School of Law, Dalhousie University (12)
- The Catholic University of America, Columbus School of Law (12)
- Washington and Lee University School of Law (12)
- Keyword
-
- Supreme Court (176)
- Judges (155)
- Constitution (149)
- Constitutional law (117)
- Constitutional Law (114)
-
- Judicial review (81)
- Courts (78)
- Federal (62)
- Jurisprudence (60)
- Judge (49)
- State (48)
- United States Supreme Court (48)
- Due process (46)
- New York (44)
- Constitutional interpretation (40)
- Court (40)
- Federalism (40)
- First Amendment (40)
- Congress (38)
- Law (38)
- Separation of powers (38)
- Judiciary (34)
- Originalism (33)
- Fourteenth Amendment (31)
- Court of Appeals (30)
- Defendant (30)
- Politics (30)
- Supreme court (30)
- Legislation (29)
- Constitutional (27)
- Publication Year
- Publication
-
- Seattle University Law Review (208)
- Touro Law Review (134)
- Faculty Scholarship (77)
- UIC Law Review (52)
- Michigan Law Review (51)
-
- Georgetown Law Faculty Publications and Other Works (44)
- Cardozo Law Review (43)
- Publications (38)
- University of Richmond Law Review (34)
- Articles (31)
- ExpressO (29)
- Northwestern University Law Review (25)
- Faculty Publications (23)
- Pepperdine Law Review (23)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
- Life of the Law School (1993- ) (20)
- Chicago-Kent Law Review (17)
- Scholarly Works (17)
- Cornell Law Faculty Publications (16)
- Journal of the National Association of Administrative Law Judiciary (16)
- Fordham Law Review (14)
- Indiana Law Journal (14)
- Georgia Journal of International & Comparative Law (13)
- Scholarly Articles in Law Reviews & Journals (13)
- Articles, Book Chapters, & Popular Press (12)
- Journal Articles (12)
- Dickinson Law Review (2017-Present) (11)
- William & Mary Bill of Rights Journal (11)
- Articles by Maurer Faculty (10)
- McGeorge Law Review (10)
- Publication Type
- File Type
Articles 1291 - 1320 of 1489
Full-Text Articles in Constitutional Law
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee
The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee
Scholarly Works
Until recently legal scholars have traditionally not been much involved in the process of confirming Justices. As the legal and political ideology of prospective Justices have come to play an important role in the process of nomination and confirmation, however, it is perhaps inevitable that legal scholars would also become more involved. At least since the nomination of Judge Bork, legal scholars have contributed in unprecedented numbers both to the Senate's deliberation process and to the public debate over the fitness of the nominees to the Court. The Bork hearings themselves were, of course, the watershed, and they remain, for …
Immunity From Regulatory Price Squeeze Claims: From Keogh, Parker, And Noerr To Town Of Concord And Beyond, Keith A. Rowley
Immunity From Regulatory Price Squeeze Claims: From Keogh, Parker, And Noerr To Town Of Concord And Beyond, Keith A. Rowley
Scholarly Works
On September 21, 1990, the First Circuit handed down its decision in Town of Concord, Massachusetts v. Boston Edison Co. This case, the most recent in a growing line of court of appeals decisions examining the antitrust implications of public utility rate structures, represents the first time a United States court of appeals has unequivocally stated that an antitrust action based upon a “price squeeze” could not be maintained against a utility whose wholesale and retail rates were both fully regulated. Town of Concord notwithstanding, the courts are far from agreeing whether investor-owned electric or natural gas utilities are immune …
The First Amendment, Burt Neuborne
A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks
A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks
Touro Law Review
No abstract provided.
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Bats And Owls And The Insane Moon: The Search For The Republic's Unwritten Constitution, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Process Of Constitutional Decision Making, Kenneth F. Ripple
Process Of Constitutional Decision Making, Kenneth F. Ripple
Journal Articles
Over the past decade, our profession has engaged in an intense debate over the proper role of judges in the interpretation of our Constitution. This is not, of course, a new controversy. It has been with us ever since Chief Justice Marshall's decision in Marbury v. Madison.' However, during this last decade, the debate has taken on new dimensions. There is a new range and depth to the inquiry. What began as a discussion largely among members of the academic bar and some members of the judiciary has become a national political issue. Yet the basic question remains: In a …
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
Cardozo Law Review
No abstract provided.
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Cardozo Law Review
No abstract provided.
Retrospective Justification, Jeffrey Malkan
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Georgetown Law Faculty Publications and Other Works
American constitutional law in general, and fourteenth amendment jurisprudence in particular, is in a state of profound transformation. The "liberal-legalist" and purportedly politically neutral understanding of constitutional guarantees that dominated constitutional law and theory during the fifties, sixties, and seventies, is waning, both in the courts and in the academy. What is beginning to replace liberal legalism in the academy, and what has clearly replaced it on the Supreme Court, is a very different conception - a new paradigm - of the role of constitutionalism, constitutional adjudication, and constitutional guarantees in a democratic state. Unlike the liberal-legal paradigm it is …
The Meaning Of Equality And The Interpretive Turn, Robin West
The Meaning Of Equality And The Interpretive Turn, Robin West
Georgetown Law Faculty Publications and Other Works
The turn to hermeneutics and interpretation in contemporary legal theory has contributed at least two central ideas to modern jurisprudential thought: first, that the "meaning" of a text is invariably indeterminate -- what might be called the indeterminacy claim -- and second, that the unavoidably malleable essence of texts -- their essential inessentiality -- entails that interpreting a text is a necessary part of the process of creating the text's meaning. These insights have generated both considerable angst, and considerable excitement among traditional constitutional scholars, primarily because at least on first blush these two claims seem to inescapably imply a …
Book Review, Richard B. Collins
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
Faculty Works
No abstract provided.