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Constitutional Law Commons

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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 Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Publications

No abstract provided.


The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun Jan 1993

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 Jan 1993

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 Jan 1993

Three Mistakes About Interpretation, Paul Campos

Publications

No abstract provided.


Peremptory Challenges: Free Strikes No More, H. Patrick Furman Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson

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No abstract provided.


Liberals And Balancing, Robert F. Nagel Jan 1992

Liberals And Balancing, Robert F. Nagel

Publications

No abstract provided.


Against Constitutional Theory, Paul Campos Jan 1992

Against Constitutional Theory, Paul Campos

Publications

No abstract provided.


Unfocused Governmental Interests, Robert F. Nagel Jan 1992

Unfocused Governmental Interests, Robert F. Nagel

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No abstract provided.


The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

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No abstract provided.


Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi Jan 1991

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

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No abstract provided.


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

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 Jan 1990

Book Review, Richard B. Collins

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No abstract provided.


Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman Jan 1990

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

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No abstract provided.


Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

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No abstract provided.


Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins Jan 1990

Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins

Publications

No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Separation Of Powers Under The Texas Constitution, Harold H. Bruff Jan 1990

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

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No abstract provided.


Advice, Consent, And Influence, Robert F. Nagel Jan 1990

Advice, Consent, And Influence, Robert F. Nagel

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No abstract provided.


Presidential Management Of Agency Rulemaking, Harold H. Bruff Jan 1989

Presidential Management Of Agency Rulemaking, Harold H. Bruff

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No abstract provided.


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

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No abstract provided.


Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff Jan 1989

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 Jan 1989

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

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No abstract provided.


Foreword, Focus: Clean Water Act’S Section 404, David H. Getches Jan 1989

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

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No abstract provided.


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Jan 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

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No abstract provided.


Forgetting The Constitution, Robert F. Nagel Jan 1989

Forgetting The Constitution, Robert F. Nagel

Publications

No abstract provided.