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Articles 301 - 330 of 357
Full-Text Articles in Constitutional Law
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Publications
No abstract provided.
Independent Counsel And The Constitution, Harold H. Bruff
Independent Counsel And The Constitution, Harold H. Bruff
Publications
No abstract provided.
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag
Publications
No abstract provided.
Economic Union As A Constitutional Value, Richard B. Collins
Economic Union As A Constitutional Value, Richard B. Collins
Publications
Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
Publications
No abstract provided.
Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches
Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches
Publications
No abstract provided.
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Publications
No abstract provided.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
American Indians And The Bicentennial, Richard B. Collins
American Indians And The Bicentennial, Richard B. Collins
Publications
No abstract provided.
Rationalism In Constitutional Law, Robert F. Nagel
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Publications
No abstract provided.
A Comment On Democratic Constitutionalism, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
Publications
No abstract provided.
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
Freedom Of Speech As Therapy, Pierre Schlag
Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins
Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins
Publications
No abstract provided.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Publications
The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
Publications
No abstract provided.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Rules And Standards, Pierre Schlag
Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace
Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace
Publications
No abstract provided.
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
Book Review, Pierre Schlag
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
Surface Rights In Artificial Watercourses, James N. Corbridge Jr.
Surface Rights In Artificial Watercourses, James N. Corbridge Jr.
Publications
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Legislative Formality, Administrative Rationality, Harold H. Bruff
Legislative Formality, Administrative Rationality, Harold H. Bruff
Publications
No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.