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Articles 331 - 360 of 560
Full-Text Articles in Constitutional Law
The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell
The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell
Maryland Law Review
No abstract provided.
A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
Maryland Law Review
No abstract provided.
Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan
Maryland Law Review
No abstract provided.
Hamdan As An Assertion Of Judicial Power , Jana Singer
Hamdan As An Assertion Of Judicial Power , Jana Singer
Maryland Law Review
No abstract provided.
You Ain’T Seen Nothin’ Yet: The Inevitable Post- Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger
You Ain’T Seen Nothin’ Yet: The Inevitable Post- Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger
Maryland Law Review
No abstract provided.
Originalism, The Living Constitution, And Supreme Court Decision Making In The Twenty-First Century: Explaining Lawrence V. Texas, Ronald Kahn
Maryland Law Review
No abstract provided.
The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward
The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward
Maryland Law Review
No abstract provided.
Demystifying Social Welfare: Foundations For Constitutional Design, Joe Oppenheimer, Norman Frohlich
Demystifying Social Welfare: Foundations For Constitutional Design, Joe Oppenheimer, Norman Frohlich
Maryland Law Review
No abstract provided.
Slavery And The Marshall Court: Preventing “Oppressions Of The Minor Party”?, Leslie Friedman Goldstein
Slavery And The Marshall Court: Preventing “Oppressions Of The Minor Party”?, Leslie Friedman Goldstein
Maryland Law Review
No abstract provided.
Two Cheers For Eighteenth-Century Constitutionalism In The Twenty-First Century, George Thomas
Two Cheers For Eighteenth-Century Constitutionalism In The Twenty-First Century, George Thomas
Maryland Law Review
No abstract provided.
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Maryland Law Review
No abstract provided.
Geographic Representation And The U.S. Congress, Frances E. Lee
Geographic Representation And The U.S. Congress, Frances E. Lee
Maryland Law Review
No abstract provided.
Constitutional Reforms To Enhance Democratic Participation And Deliberation: Not All Clearly Trigger The Article V Amendment Process, Carol Nackenoff
Constitutional Reforms To Enhance Democratic Participation And Deliberation: Not All Clearly Trigger The Article V Amendment Process, Carol Nackenoff
Maryland Law Review
No abstract provided.
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Maryland Law Review
No abstract provided.
From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach
Maryland Law Review
No abstract provided.
Afterword: Do We Really Believe Any Longer In The Possibility Of “Government From Reflection And Choice”? A Dour Meditation On Our Present Situation, Sanford Levinson
Afterword: Do We Really Believe Any Longer In The Possibility Of “Government From Reflection And Choice”? A Dour Meditation On Our Present Situation, Sanford Levinson
Maryland Law Review
No abstract provided.
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Faculty Scholarship
Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument …
From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
Faculty Scholarship
No abstract provided.
A Prayer For Constitutional Comparativism In Eighth Amendment Cases, David C. Gray
A Prayer For Constitutional Comparativism In Eighth Amendment Cases, David C. Gray
Faculty Scholarship
No abstract provided.
Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber
Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber
Faculty Scholarship
This paper interprets the constitution of 1791 in light of the constitution of 1787. The persons responsible for the original constitution thought they had secured fundamental rights by a combination of representation, the separation of powers, and the extended republic. The Bill of Rights, in their view, was a minor supplement to the strategies previously employed for preventing abusive government practices. Proposed amendments were less a list of fundamental freedoms than an enumeration of those rights likely to appease moderate anti-Federalists. That many vaguely phrased rights lacked clear legal meaning was of little concern to their Federalist sponsors, who trusted …
Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint
Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint
Faculty Scholarship
This article, which was a contribution to a Symposium on the office of the Chief Justice of the United States, compares that office with the office of President of the Federal Constitutional Court of Germany. The article concludes that, while the American Chief Justice possesses more authority in most formal respects, the President of the German Court has on occasion exercised an informal public or private influence that goes well beyond anything of the sort that has been attempted (recently at least) by the American Chief Justice.
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Faculty Scholarship
This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the …
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? - Judicial Review In The United States And Germany, Peter E. Quint
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? - Judicial Review In The United States And Germany, Peter E. Quint
Faculty Scholarship
No abstract provided.
Popular Constitutionalism, Judicial Supremacy, And The Complete Lincoln-Douglas Debates, Mark A. Graber
Popular Constitutionalism, Judicial Supremacy, And The Complete Lincoln-Douglas Debates, Mark A. Graber
Faculty Scholarship
No abstract provided.
Failed Lessons Of History: The Predictable Shortcomings Of The Partial-Birth Abortion Ban Act, Nancy Kubasek, Daniel Tagliarina
Failed Lessons Of History: The Predictable Shortcomings Of The Partial-Birth Abortion Ban Act, Nancy Kubasek, Daniel Tagliarina
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Gender And Constitutional Design, Paula A. Monopoli
Gender And Constitutional Design, Paula A. Monopoli
Faculty Scholarship
Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …
Distinguishing Formal From Institutional Democracy, Paul Frymer
Distinguishing Formal From Institutional Democracy, Paul Frymer
Maryland Law Review
No abstract provided.