Constitutional Law Commons^™

Applying Federal Constitutional Theory To The Interpretation Of State Constitutions: The Ban On Special Laws In Maryland, Dan Friedman

Maryland Law Review

No abstract provided.

The Constitutional Inevitability Of Same-Sex Marriage, Laurence H. Tribe

Maryland Law Review

No abstract provided.

How I Lost My Constitutional Faith, Sanford Levinson

Maryland Law Review

No abstract provided.

Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew Koppelman

Maryland Law Review

No abstract provided.

The Distribution Of Political Faith, Jack M. Balkin

Maryland Law Review

No abstract provided.

Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher

Maryland Law Review

No abstract provided.

United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko

Maryland Law Review

No abstract provided.

Symposium - Constitutional Redemption & Constitutional Faith - Introduction

Maryland Law Review

No abstract provided.

Fourteenth Amendment Originalism, Jamal Greene

Maryland Law Review

No abstract provided.

Freedom Struggles And The Limits Of Constitutional Continuity, Aziz Rana

Maryland Law Review

No abstract provided.

The Constitutional Imaginary: Just Stories About We The People, Gerald Torres, Lani Guinier

Maryland Law Review

No abstract provided.

Redeeming And Living With Evil, Mark A. Graber

Maryland Law Review

No abstract provided.

Davis V. United States: Good Faith, Retroactivity, And The Loss Of Principle, David Mcaloon

Maryland Law Review

No abstract provided.

Abbott V. Abbott: Reviving Good Faith And Rejecting Ambiguity In Treaty Jurisprudence, Molly K. Madden

Maryland Law Review

No abstract provided.

Michigan V. Bryant: Returning To An Open-Ended Confrontation Clause Analysis, Shari H. Silver

Maryland Law Review

No abstract provided.

Hollow Hopes And Exaggerated Fears: The Canon/Anticanon In Context, Mark A. Graber

Faculty Scholarship

Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional canon and the constitutional anticanon. Neither the canonical nor the anticanonical constitutional decisions by the Supreme Court have produced the wonderful results or horrible evils sometimes attributed to them. In many cases, elected officials made contemporaneous constitutional decisions that had as much influence as the celebrated or condemned judicial rulings. More often than not, judicial rulings matter more as a result of changing the political dynamics than by directly changing public policy. Law students and others interested in constitutional change, for these reasons, need to …

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

Faculty Scholarship

No abstract provided.

The Impact Of The Thirteenth Amendment On The Common Law, David S. Bogen

Schmooze 'tickets'

No abstract provided.

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Schmooze 'tickets'

No abstract provided.

The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.

Schmooze 'tickets'

This article explores the gap between the Thirteenth Amendment's promise and its implementation.

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain

Schmooze 'tickets'

No abstract provided.

Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers

Schmooze 'tickets'

The 13th Amendment affords two very different visions. One vision limits the 13th Amendment’s scope to ending slavery and involuntary servitude without more. The second expands the 13th Amendment’s scope to include an anti-subordination principle. Proponents of both visions rely on originalism to support their visions. Unfortunately, originalism does not help us reach a clearly correct conclusion regarding the scope of the 13th Amendment.

That is fine, because the core question regarding the interpretation of the 13th Amendment ought to be whether the amendment is constitutionally transformative. That is, does the 13th Amendment announce a constitutional principle that requires that …

Getting Right Without Lincoln, Daniel W. Hamilton

Schmooze 'tickets'

This short piece is taken from a review of the three important books considered below. This review is part of my current exploration of the historiography of slavery and the Constitution in Civil War legal history.

Brian McGinty, Lincoln and the Court; Stephen C. Neff, Justice in Blue and Gray: A Legal History of the Civil War; Lea VanderVelde, Mrs. Dred Scott: A Life on Slavery’s Frontier

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

Schmooze 'tickets'

No abstract provided.

[Features Of Conventional Scholarly Wisdom About The Thirteenth Amendment], Pamela Brandwein

Schmooze 'tickets'

No abstract provided.

Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein

Schmooze 'tickets'

No abstract provided.

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

Schmooze 'tickets'

No abstract provided.

The Thirteenth Amendment And Constitutional Theory, Earl Maltz

Schmooze 'tickets'

No abstract provided.

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Schmooze 'tickets'

No abstract provided.

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

Schmooze 'tickets'

No abstract provided.