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Articles 151 - 180 of 504
Full-Text Articles in Constitutional Law
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
Buffalo Law Review
Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government
Where Does Forum For Academic And Institutional Rights V. Rumsfeld Leave Military Recruiting Efforts?, Angel M. Overgaard
Where Does Forum For Academic And Institutional Rights V. Rumsfeld Leave Military Recruiting Efforts?, Angel M. Overgaard
Buffalo Law Review
No abstract provided.
Considering The Constitutionality Of A Confrontation Clause Exception For Domestic Violence Victims, Thekla Hansen-Young
Considering The Constitutionality Of A Confrontation Clause Exception For Domestic Violence Victims, Thekla Hansen-Young
Buffalo Women's Law Journal
No abstract provided.
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
Journal Articles
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …
Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner
Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner
Journal Articles
It is frequently argued that state constitutions ought to be interpreted using a methodology of constitutional positivism, a familiar and commonplace theory of interpretational legitimacy that requires courts to treat a constitution as an authoritative expression of the will of the people who made it. I argue, contrary to this view, that orthodox constitutional positivism is not a viable interpretational methodology for subnational constitutions in a federal system. Although constitutional positivism makes sense for national constitutions, which furnish the paradigm case, subnational constitutions pose important problems for the political theory upon which constitutional positivism relies. According to that theory, the …
Triangulating Constitutional Theory: Power, Time, And Everyman, Philip C. Kissam
Triangulating Constitutional Theory: Power, Time, And Everyman, Philip C. Kissam
Buffalo Law Review
No abstract provided.
Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner
Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner
Journal Articles
The United States Constitution is designed to achieve good government by relying on two distinct systems: a primary system that achieves good governance through democratic electoral accountability; and a set of self-sustaining structural backup systems designed for situations in which the democratic system fails, and which operate by limiting the ability of bad rulers to do serious harm to the public good. A key premise of this kind of dual structural arrangement is that effective backup systems must operate independently of primary democratic systems; because they are needed precisely when democratic mechanisms have failed, they cannot depend for their success …
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
Journal Articles
No abstract provided.
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Buffalo Women's Law Journal
No abstract provided.
The Constitution And The Public Trust, Robert G. Natelson
The Constitution And The Public Trust, Robert G. Natelson
Buffalo Law Review
No abstract provided.
The Progress And Pitfalls Of Lawrence V. Texas, Nicole R. Hart
The Progress And Pitfalls Of Lawrence V. Texas, Nicole R. Hart
Buffalo Law Review
No abstract provided.
Who Gets In? The Quest For Diversity After Grutter, Athena D. Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, Margaret E. Montoya, David L. Chambers
Who Gets In? The Quest For Diversity After Grutter, Athena D. Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, Margaret E. Montoya, David L. Chambers
Buffalo Law Review
On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its implications for affirmative action, the Committee sought to …
Structuring The Political Process Under American State Constitutions, James A. Gardner
Structuring The Political Process Under American State Constitutions, James A. Gardner
Other Scholarship
No abstract provided.
Judicial Independence: Whether, Why, And How To Defend It, Michael Boucai
Judicial Independence: Whether, Why, And How To Defend It, Michael Boucai
Other Scholarship
No abstract provided.
Garrity V. New Jersey And Its Progeny: How Lower Courts Are Weakening The Strong Constitutional Protections Afforded Police Officers, Donald Wm. Driscoll
Garrity V. New Jersey And Its Progeny: How Lower Courts Are Weakening The Strong Constitutional Protections Afforded Police Officers, Donald Wm. Driscoll
Buffalo Public Interest Law Journal
No abstract provided.
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
Journal Articles
In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …
A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly
A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly
Journal Articles
No abstract provided.
Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French
Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French
Buffalo Public Interest Law Journal
No abstract provided.
The Role And Rejection Of A Claim For Third Party Standing In The Prison System, Michael D. Bui
The Role And Rejection Of A Claim For Third Party Standing In The Prison System, Michael D. Bui
Buffalo Public Interest Law Journal
No abstract provided.
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Buffalo Public Interest Law Journal
No abstract provided.
Attacks On The Warren Court By State Officials: A Case Study Of Why Court-Curbing Movements Fail, William G. Ross
Attacks On The Warren Court By State Officials: A Case Study Of Why Court-Curbing Movements Fail, William G. Ross
Buffalo Law Review
No abstract provided.
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
Journal Articles
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the U.S. Constitution. But this reconciliation is unavailable for state courts, which, by operation …
Neutralizing The Incompetent Voter: A Comment On Cook V. Gralike, James A. Gardner
Neutralizing The Incompetent Voter: A Comment On Cook V. Gralike, James A. Gardner
Journal Articles
No abstract provided.
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman
Buffalo Law Review
No abstract provided.
Federalism, Popular Sovereignty, And The Individual Right To Keep And Bear Arms: A Structural Alternative To United States V. Emerson, Jack Trachtenberg
Federalism, Popular Sovereignty, And The Individual Right To Keep And Bear Arms: A Structural Alternative To United States V. Emerson, Jack Trachtenberg
Buffalo Law Review
No abstract provided.
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
Journal Articles
No abstract provided.
Restricting Prisoners' Equal Access To The Federal Courts: The Three Strikes Provision Of The Prison Litigation Reform Act And Substantive Equal Protection, Randal S. Jeffrey
Restricting Prisoners' Equal Access To The Federal Courts: The Three Strikes Provision Of The Prison Litigation Reform Act And Substantive Equal Protection, Randal S. Jeffrey
Buffalo Law Review
No abstract provided.
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
Buffalo Public Interest Law Journal
No abstract provided.
Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner
Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner
Journal Articles
In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all, …
Caught In A Trap: The Romantic Reading Of The Eleventh Amendment, John Randolph Prince
Caught In A Trap: The Romantic Reading Of The Eleventh Amendment, John Randolph Prince
Buffalo Law Review
No abstract provided.