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Articles 271 - 300 of 357
Full-Text Articles in Constitutional Law
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Silence And The Word, Paul Campos
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Publications
No abstract provided.
Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
Liberals And Balancing, Robert F. Nagel
Against Constitutional Theory, Paul Campos
Unfocused Governmental Interests, Robert F. Nagel
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Book Review, Richard B. Collins
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Meeting The Enemy, Robert F. Nagel
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
Advice, Consent, And Influence, Robert F. Nagel
Presidential Management Of Agency Rulemaking, Harold H. Bruff
Presidential Management Of Agency Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Publications
No abstract provided.
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Publications
No abstract provided.
Foreword, Focus: Clean Water Act’S Section 404, David H. Getches
Foreword, Focus: Clean Water Act’S Section 404, David H. Getches
Publications
No abstract provided.
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
Publications
No abstract provided.
Forgetting The Constitution, Robert F. Nagel