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Articles 1771 - 1800 of 2060
Full-Text Articles in Constitutional Law
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
Direct Democracy Is Not Republican Government, Steven William Marlowe
Direct Democracy Is Not Republican Government, Steven William Marlowe
Seattle University Law Review
This Article will initially explain the examples of direct democracy in the states of Washington and Oregon. It will then analyze the United States Constitution's Guarantee Clause. Finally, this Article will argue that state initiative and referendum provisions are inconsistent with a republican form of government and that laws passed through the use of this process are unconstitutional.
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Washington and Lee Law Review
No abstract provided.
Nationalized Political Discourse, Robert F. Nagel
Reconstructing The Rule Of Law, Robin West
Reconstructing The Rule Of Law, Robin West
Georgetown Law Faculty Publications and Other Works
The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …
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.
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …
Toward Political Safeguards Of Self-Determination, Gregory P. Magarian
Toward Political Safeguards Of Self-Determination, Gregory P. Magarian
Scholarship@WashULaw
The theorists of the political safeguards of federalism (primarily Herbert Wechsler, Jesse Choper, and Larry Kramer) contend that various features of the American political system are sufficient to protect the values of federalism, obviating the need for federalist judicial review. These theorists have identified constitutional features of the system (i.e., equal representation in the Senate) and extolled subconstitutional features (notably the strength of the major political parties) as guarantors of state prerogatives against the federal government. They have not, however, developed a substantial account of the reasons why state prerogatives need or deserve protection and how those reasons bear on …
How Democratic Are Initiatives?, Richard B. Collins
How Democratic Are Initiatives?, Richard B. Collins
Publications
No abstract provided.
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Publications
No abstract provided.
Nixon V. Shrink Missouri Government Pac: The Beginning Of The End Of The Buckley Era?, Richard Briffault
Nixon V. Shrink Missouri Government Pac: The Beginning Of The End Of The Buckley Era?, Richard Briffault
Faculty Scholarship
In Nixon v. Shrink Missouri Government PAC, the Supreme Court emphatically reaffirmed a key element of the campaign finance doctrine first articulated in Buckley v. Valeo a quarter-century earlier that governments may, consistent with the First Amendment, impose limitations on the size of contributions to election campaigns. Shrink Missouri was significant because the Eighth Circuit decision reversed by the Supreme Court had sought to strengthen the constitutional protection provided to contributions and had invalidated limitations on donations to Missouri state candidates that were actually higher than the limits on donations to federal candidates that the Supreme Court had previously …
Initiatives—Enemy Of The Republic, Brewster C. Denny
Initiatives—Enemy Of The Republic, Brewster C. Denny
Seattle University Law Review
The Seattle University Law Review's Symposium on the initiative process in Washington State addresses an issue of both transcendent importance to the health of the Republic and immediate challenge to the welfare of the children of this state. This discussion could not be more timely, and not just locally. Here's why. Devolution, tax cuts for the rich and the super rich, welfare reform, and a more conservative, market-oriented philosophy of government lay on the states and low income parents and children the burden of meeting the most critical needs of children-from prenatal care through college. With twenty percent of our …
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.
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Faculty Scholarship
Oaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as abstract as an oath. Perjury the violation of a legally binding oath-is publicly defended as proof of the offender's humanity rather than his criminality. And one should not even mention in polite company something as gauche as honoring an oath of marriage. Those pesky vows of marital fidelity were, after all, just words.
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.
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.
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.
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.
Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein
Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein
All Faculty Scholarship
Turn the clock back for a moment to August 1973. In the midst of the burgeoning Watergate scandal, the nation discovered that Vice President Spiro T. Agnew was being investigated for allegedly accepting bribes from contractors, and for committing tax fraud while Governor of Maryland and Vice President. The investigation, by attorneys in the United States Attorneys Office in Maryland, ultimately gathered sufficient evidence to present to a grand jury. To avoid the spectre of likely indictment and prosecution, Agnew elected to resign his office and plead nolo contendere.[1]
/="/">
/="/">But suppose Agnew had decided not to go quietly.[2] …
The Public And Private Lives Of Presidents, Neal K. Katyal
The Public And Private Lives Of Presidents, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Focusing on a frequent theme in the executive privilege arguments advanced by the Clinton Administration, Neal Kumar Katyal explores the distinction drawn between the public and private lives of the President, particularly in the Paula Jones and Monica Lewinsky cases. He argues that the Administration's difficulties in asserting executive privilege claims following these cases demonstrate that the public/private distinction is not entirely valid He asserts that, unlike members of Congress who have time when they are not in session, the President is unique in that he is in office twenty-four hours a day. He argues that this special constitutional status …
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Publications
No abstract provided.
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.
The Political Parties And Campaign Finance Reform, Richard Briffault
The Political Parties And Campaign Finance Reform, Richard Briffault
Faculty Scholarship
Recent campaign finance innovations of the major political parties have blown large and widening holes in federal campaign finance regulation. The relationship between parties and candidates also challenges the basic doctrinal categories of campaign finance law. The Constitution permits regulation of campaign finances to deal with the danger of corruption. But some judges and commentators have argued that the parties present no danger of corruption. This Article finds that, although parties play a positive role in funding campaigns, certain party practices raise the specter of corruption in the constitutional sense. Moreover, due to the close connection between parties and candidates, …
Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi
Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi
American University Law Review
No abstract provided.
When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz
When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell
Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Virtues Of Presidential Weakness: A Comment On Fitts, Ernest A. Young
The Virtues Of Presidential Weakness: A Comment On Fitts, Ernest A. Young
Faculty Scholarship
No abstract provided.
Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos
Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos
Scholarly Works
In this Article, Professor Lazos examines initiatives and referendums in which a majority is in a position to vote on the content of a minority's democratic civic standing. Case law fails to set forth a single test for judicial review; consequently, doctrinal and theoretical coherence in this area is nonexistent. Professor Lazos proposes a test that takes into account social dynamics and focuses on the impact of these measures. First, she examines outcomes over the last three decades of approximately eighty such initiatives and referendums, from the anti-integration movement of the sixties to today's ideological and cultural versions, such as …
The Vertical Separation Of Powers, Victoria Nourse
The Vertical Separation Of Powers, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Standard understandings of the separation of powers begin with the concept of function. The author argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the article returns to proposals considered at the Constitutional Convention and considers difficult contemporary cases such as Morrison v. Olson, Clinton v. Jones, and the Supreme Court's more recent federalism decisions. In each instance, function appears to steer us wrong because it fails to understand separation of powers questions as ones of structural incentive …