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Articles 1621 - 1650 of 2170
Full-Text Articles in Constitutional Law
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
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.
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Because We Love You, Rosemary B. Quigley
Because We Love You, Rosemary B. Quigley
Michigan Law Review
I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Introduction, Andreas Kalyvas, Jan Müller
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Cardozo Law Review
No abstract provided.
Treaty-Making And The Nation: The Historical Foundations Of The Nationalist Conception Of The Treaty Power, David M. Golove
Treaty-Making And The Nation: The Historical Foundations Of The Nationalist Conception Of The Treaty Power, David M. Golove
Michigan Law Review
Characteristic of the most enduring constitutional controversies is a clash between fundamental but ultimately irreconcilable principles. Unable to synthesize opposing precepts, we visit and revisit certain issues in an endless cycle. Each generation marches forward heedless, and sometimes only dimly aware, of how many times the battle has already been fought. Even the peace of exhaustion achieves only a temporary respite. The abiding controversy over the relationship between the treaty power of the national government and the legislative powers of the states is paradigmatic in this respect. Beginning as early as in the first debate over ratification of the Articles …
The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault
The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault
Faculty Publications
Examines the harmless error rule as interpreted by Michigan case law.
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll
UIC Law Review
No abstract provided.
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.
Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay
Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay
Faculty Articles and Papers
Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000
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.
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.