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Articles 1951 - 1980 of 2060
Full-Text Articles in Constitutional Law
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
Challenge To The First Amendment, Bruce Ledewitz
Challenge To The First Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman
Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman
BYU Law Review
No abstract provided.
Changing Conceptions Of Administration, Cass R. Sunstein
Changing Conceptions Of Administration, Cass R. Sunstein
BYU Law Review
No abstract provided.
The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz
The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz
A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz
The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
University of Michigan Journal of Law Reform
To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Seattle University Law Review
This Note recommends that the separate subject test employed by Washington courts in reviewing the constitutional validity of partial vetoes be abandoned like the affirmative-negative test before it. In the alternative, the Constitution should be amended to remove any perceived need for a subjective judicial test. As a last-choice solution to the problem of uncertainty and inefficiency in the legislative process, the legislature should use its override powers more extensively.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
Review Essay: Liberalism And The Supreme Court, Donald P. Kommers
Review Essay: Liberalism And The Supreme Court, Donald P. Kommers
Journal Articles
In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …
Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott
Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Rationalism In Constitutional Law, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Journal Articles
In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.
The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz
The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Political And Religious Disestablishment, Michael W. Mcconnell
Political And Religious Disestablishment, Michael W. Mcconnell
BYU Law Review
No abstract provided.
Monzo Raises Taxing Issue, Bruce Ledewitz
Monzo Raises Taxing Issue, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz
Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz
Ledewitz Papers
Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Freedom Of Speech As Therapy, Pierre Schlag
Con Law Limit Is Eroding, Bruce Ledewitz
Con Law Limit Is Eroding, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Economic Review Is Up To The States, Bruce Ledewitz
Economic Review Is Up To The States, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Confession Law Isn't Necessary, Bruce Ledewitz
Confession Law Isn't Necessary, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.