Constitutional Law Commons^™

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

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No abstract provided.

Beyond Interpretation, Pierre Schlag

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No abstract provided.

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part Ii, H. Patrick Furman

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This two-part article reviews the constitutional and statutory right to a speedy trial and discusses the case law interpreting that right. The first part was printed in July 2002.

See Part I at http://scholar.law.colorado.edu/articles/550/.

The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part I, H. Patrick Furman

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This two-part article discusses the constitutional right to a speedy trial and the basics of the speedy trial statute.

See Part II at http://scholar.law.colorado.edu/articles/551/.

Do Jury Trials Encourage Harsh Punishment In The United States?, William T. Pizzi

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Nationalized Political Discourse, Robert F. Nagel

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How Democratic Are Initiatives?, Richard B. Collins

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Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller

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Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

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In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

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Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

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Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

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Barriers To Entry: A Market Lock-In Model Of Discrimination, Daria Roithmayr

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The Justice Department yesterday filed an antitrust suit against members of the majority race, alleging that the group has harmed the public, consumers, and rivals by excluding Black and Latino/a competitors from the law school admissions market.' The Department alleges that a monopoly by whites has restricted competition and stifled innovation in legal education and the broader profession.

The government's central claim focuses on historical misconduct, rather than any contemporary wrongdoing. The complaint alleges that whites at the turn of the century monopolized the benefits of law school admissions for nearly one hundred years, by keeping nonwhites out of law …

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

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No abstract provided.

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

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Nineteenth-Century Orthodoxy, Richard B. Collins

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Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

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Publicity In High Profile Criminal Cases, H. Patrick Furman

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Authorizing Interpretation, Pierre Schlag

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Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

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Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

Cases Versus Theory, Richard B. Collins

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No abstract provided.

Judicial Supremacy And The Settlement Function, Robert F. Nagel

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The Execution Of Search Warrants, H. Patrick Furman

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Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

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Introduction, Paul F. Campos

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Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

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Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

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Real Revolution, Robert F. Nagel

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Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel

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Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …