Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (200)
- Law and Politics (190)
- Legal History (180)
- Supreme Court of the United States (168)
- Courts (163)
-
- First Amendment (149)
- Administrative Law (129)
- Criminal Law (121)
- Jurisprudence (119)
- Criminal Procedure (93)
- Law and Society (85)
- President/Executive Department (78)
- Comparative and Foreign Law (77)
- Judges (77)
- Fourteenth Amendment (74)
- International Law (69)
- Legislation (64)
- Social and Behavioral Sciences (64)
- State and Local Government Law (64)
- Second Amendment (60)
- Jurisdiction (56)
- Law and Gender (49)
- Election Law (48)
- Health Law and Policy (48)
- Human Rights Law (46)
- Law and Race (45)
- Property Law and Real Estate (45)
- Immigration Law (42)
- Institution
-
- Columbia Law School (544)
- Duke Law (429)
- Boston University School of Law (274)
- University of Maryland Francis King Carey School of Law (181)
- Texas A&M University School of Law (151)
-
- Fordham Law School (107)
- Brooklyn Law School (100)
- Barry University School of Law (45)
- Penn State Dickinson Law (44)
- Western New England University (42)
- Mitchell Hamline School of Law (26)
- California Western School of Law (20)
- UC Law SF (15)
- University of New Mexico (15)
- Nova Southeastern University (11)
- Brigham Young University Law School (8)
- University of San Diego (3)
- Keyword
-
- Constitutional law (347)
- Supreme Court (146)
- Constitution (108)
- Separation of powers (88)
- Originalism (82)
-
- Judicial review (74)
- Constitutional interpretation (67)
- Federal government (67)
- Federalism (64)
- Constitutional Law (59)
- Civil rights (57)
- Freedom of speech (57)
- Constitutional theory (54)
- Executive power (54)
- First Amendment (53)
- Columbia Law Review (51)
- Firearms--Law and legislation (42)
- First amendment (41)
- Equal protection (39)
- Law (39)
- Constitution. 1st Amendment (38)
- United States (37)
- Administrative law (36)
- Democracy (36)
- Due process (36)
- Constitutional history (33)
- SSRN (33)
- Courts (30)
- Free speech (30)
- Congress (29)
- Publication Year
Articles 1561 - 1590 of 2015
Full-Text Articles in Constitutional Law
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
Faculty Scholarship
No abstract provided.
Dissing Congress , Ruth Colker, James J. Brudney
Dissing Congress , Ruth Colker, James J. Brudney
Faculty Scholarship
This article adopts a novel separation of powers framework to analyze the Rehnquist Court's recent decisions under the Commerce Clause and Section Five of the Fourteenth Amendment. We demonstrate in historical terms how the Court's methods for assessing the constitutional adequacy of federal laws have changed dramatically since the mid-1990s, and we argue that these new methods are undermining the proper role of Congress and producing a significant shift in the balance of power between the Branches. We identify two distinct methodologies employed by the Rehnquist Court that have resulted in growing disrespect for Congress - the "crystal ball" and …
Making Sense Of The Eleventh Amendment: International Law And State Sovereignty, Thomas H. Lee
Making Sense Of The Eleventh Amendment: International Law And State Sovereignty, Thomas H. Lee
Faculty Scholarship
The Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. - Eleventh Amendment to the Constitution of the United States of America The thesis of this article is that the Eleventh Amendment, ratified in 1798, represented the incorporation into the American domestic constitutional law of federalism (specifically, the doctrine of state sovereign immunity) the late eighteenth-century international law rule that only states have rights against other states …
"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman
"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman
Faculty Scholarship
With each report of violent crime statistics (whether rising or falling) or of the latest firearms outrage, we hear the antiphony of the gun control debate. Advocates of increased federal regulation decry the inadequacies of a regime that permits relatively free access to firearms and argue that the availability of guns is itself a spur to more deadly violence. Advocates of minimal regulation, for their part, condemn measures that, they say, will primarily penalize law-abiding citizens, and instead call for more vigorous enforcement of existing laws, targeting "criminals," not their weapons. When the antiphony intrudes on funerals, the effect can …
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
Faculty Scholarship
No abstract provided.
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
Faculty Scholarship
No abstract provided.
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Faculty Scholarship
This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Faculty Scholarship
This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …
Who’S Afraid Of The Twelfth Amendment?, Ernest A. Young, Sanford Levinson
Who’S Afraid Of The Twelfth Amendment?, Ernest A. Young, Sanford Levinson
Faculty Scholarship
No abstract provided.
Nixon V. Shrink Missouri Government Pac: The Beginning Of The End Of The Buckley Era?, Richard Briffault
Nixon V. Shrink Missouri Government Pac: The Beginning Of The End Of The Buckley Era?, Richard Briffault
Faculty Scholarship
In Nixon v. Shrink Missouri Government PAC, the Supreme Court emphatically reaffirmed a key element of the campaign finance doctrine first articulated in Buckley v. Valeo a quarter-century earlier that governments may, consistent with the First Amendment, impose limitations on the size of contributions to election campaigns. Shrink Missouri was significant because the Eighth Circuit decision reversed by the Supreme Court had sought to strengthen the constitutional protection provided to contributions and had invalidated limitations on donations to Missouri state candidates that were actually higher than the limits on donations to federal candidates that the Supreme Court had previously …
Reconceptualizing Federal Habeas Corpus For State Prisoners: How Should Aedpa's Standard Of Review Operate After Williams V. Taylor?, Adam N. Steinman
Reconceptualizing Federal Habeas Corpus For State Prisoners: How Should Aedpa's Standard Of Review Operate After Williams V. Taylor?, Adam N. Steinman
Faculty Scholarship
This Article aims to expand the debate over the proper standard of review that applies in state prisoner habeas corpus actions in federal court. To date, this debate has centered on whether federal habeas courts should defer to the state court's resolution of federal legal questions, or whether federal habeas courts should assess and apply federal law de novo. However, in Williams v. Taylor, 529 U.S. 362 (2000), the Supreme Court held that the Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a deferential standard of review that precludes a federal habeas court from granting relief based simply on its …
Guns, Crime, And Punishment In America, Bernard E. Harcourt
Guns, Crime, And Punishment In America, Bernard E. Harcourt
Faculty Scholarship
There are over 200 million firearms in private hands in the United States, more than a third of which are handguns. In 1993 alone, it is estimated that 1.3 million victims of serious violent crime faced an offender with a gun. In 1999, there were approximately 563,000 such victims. Estimates of defensive uses of firearms – situations where individuals used a gun to protect themselves, someone else, or their property – range from 65,000 to 2.5 million per year. Punishments for crimes committed with a firearm are severe: under the federal firearms enhancement statute, the mandatory minimum sentence for use …
Mark Tushnet: The Right Questions, Philip C. Bobbitt
Mark Tushnet: The Right Questions, Philip C. Bobbitt
Faculty Scholarship
It is the most grotesque of ironies that much of twentieth-century jurisprudence has been an effort to make law into a science. This effort amounts to a reversal of a far earlier appropriation. It was the observation of regularities in gravity and the movement of the planets that reformed science and gave credence to the locution, 'the laws of nature.' Nature was "lawful" because it appeared to follow undeviatingly a certain regimen, which is to say that any deviations observed were held to be clues as to the true content of the laws that were being followed. Mathematics was the …
Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel
Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel
Faculty Scholarship
No abstract provided.
The Hobbesian Constitution: Governing Without Authority, Gary S. Lawson, Guy I. Seidman
The Hobbesian Constitution: Governing Without Authority, Gary S. Lawson, Guy I. Seidman
Faculty Scholarship
One case in American legal history, perhaps more than any other, starkly presents in a single package many of the most fundamental issues of American structural constitutionalism: the principle of enumerated powers, the concept of limited government, and the place of the United States in a world of sovereign nations. It raises foundational questions about the powers of all major institutions of the national government and serves as an ideal acid test for differing conceptions of the Constitution-and indeed of the American nation-state. In terms of its theoretical scope and consequences, it is one of the most important cases ever …
When Did The Constitution Become Law?, Gary S. Lawson, Guy Seidman
When Did The Constitution Become Law?, Gary S. Lawson, Guy Seidman
Faculty Scholarship
Conventional wisdom and Supreme Court doctrine hold that the federal Constitution became legally effective on March 4, 1789, when the first session of Congress began. This conclusion is wrong, or at least seriously incomplete. Evidence from the Constitution, its adoption, and contemporaneous understandings reflected in treaties, statutes, and state constitutions demonstrates that the Constitution did not have a single effective date. Instead, different parts of the Constitution took effect in stages, beginning on June 21, 1788, when New Hampshire became the ninth state to ratify the document, and continuing at least until April 30, 1789, when President Washington was sworn …
Health Care, Technology And Federalism, Kevin Outterson
Health Care, Technology And Federalism, Kevin Outterson
Faculty Scholarship
The regulation of health care has traditionally been the province of the states, most often grounded in the police power. In Colonial times, this division of responsibility was a rational response to the technological level of the eighteenth century, although even in the youth of the Republic some health and safety regulation required national and international action. With the growth of distancecompression technology, the increase in mobility of goods and services, and a significant federal financial role in health care, the grip of the police power on the regulation of health care has been weakened. Discussion of the police power …
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Faculty Scholarship
Oaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as abstract as an oath. Perjury the violation of a legally binding oath-is publicly defended as proof of the offender's humanity rather than his criminality. And one should not even mention in polite company something as gauche as honoring an oath of marriage. Those pesky vows of marital fidelity were, after all, just words.
The Constitution Outside The Courts, James E. Fleming
The Constitution Outside The Courts, James E. Fleming
Faculty Scholarship
In this Book Review, Professor Fleming examines Professor Tushnet's arguments against judicial supremacy and in support of making constitutional interpretation less court-centered to pursue a populist constitutional law. The review concedes that Professor Tushnet's arguments that the “thick Constitution”--in particular, its commitments to federalism, states' rights, and separation of powers--is self-enforcing through the political processes are compelling. But it contends that he fails to make the case that the “thin Constitution”--for example, its fundamental guarantees of equality, freedom of expression, and liberty-- should be treated as similarly self-enforcing. Furthermore, Professor Fleming charges that Professor Tushnet does not adequately elaborate how …
Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Canon And The Constitution Outside The Courts, Sotirios Barber, James E. Fleming
The Canon And The Constitution Outside The Courts, Sotirios Barber, James E. Fleming
Faculty Scholarship
What would it mean for "the canon of constitutional law" if we were to take seriously "the Constitution outside the courts"? What would happen to the canon if we were to distinguish (as Cass Sunstein and Larry Sager do) between the partial, judicially enforceable Constitution and the Constitution that imposes higher obligations upon legislatures, executives, and citizens generally to Fursue constitutional ends or to secure constitutional rights? How would the canon be affected by "taking the Constitution away from the courts," as Mark Tushnet proposes,2 or by adopting what Sandy Levinson has called a "Protestant" rather than a court-centered "Catholic" …
The Parsimony Of Libertarianism, James E. Fleming
The Parsimony Of Libertarianism, James E. Fleming
Faculty Scholarship
I want to begin by congratulating Randy Barnett on writing The Structure of Liberty,' one of the most radical and provocative works of political and legal theory that I have ever read. I consider myself to be a liberal who prizes liberty. Barnett claims to provide an account of the structure of liberty along with "[t]he liberal conception of justice" and the rule of law.2 His is a radical libertarian account centrally concerned with protecting the fundamental natural rights of property, first possession, freedom of contract, and self-defense. In Barnett's world, the fabled libertarian night-watchman state has been downsized and …
The Case For Including Marks V. United States In The Canon Of Constitutional Law, Maxwell L. Stearns
The Case For Including Marks V. United States In The Canon Of Constitutional Law, Maxwell L. Stearns
Faculty Scholarship
In this essay, I would like to suggest adding a single case, with appropriate commentary, to the canon of constitutional law, as presented in introductory casebooks. Specifically, I suggest including Marks v. United States, as a principal case, or in the form of a detailed summary, immediately before or after the first major plurality decision. I should note that the case is rather short – nine pages in the U.S. Reports – and that it nominally involves obscenity doctrine. I would suggest, counterintuitively perhaps, that the case is more fruitfully presented toward the beginning of an introductory course in constitutional …
Naked Land Transfers And American Constitutional Development, Mark A. Graber
Naked Land Transfers And American Constitutional Development, Mark A. Graber
Faculty Scholarship
The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …
The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora
The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
Faculty Scholarship
No abstract provided.
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
No abstract provided.