Constitutional Law Commons^™

The Color-Blind Court , Jeffery Rosen

American University Law Review

No abstract provided.

Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon

American University Law Review

No abstract provided.

Changing America: Three Arguments About Asian Americans And The Law , Frank H. Wu

American University Law Review

No abstract provided.

Getting Beyond Racial Preferences: The Class-Based Compromise , Richard D. Kahlenberg

American University Law Review

No abstract provided.

Identity Notes Part One: Playing In The Light , Adrienne D. Davis

American University Law Review

No abstract provided.

Who Decides If There Is "Triumph In The Ultimate Agony?" Constitutional Theory And The Emerging Right To Die With Dignity, Brian C. Goebel

William & Mary Law Review

No abstract provided.

Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

During the past quarter century, lawyers have become strangely comfortable with descriptions of our government's structure that would, to an untutored ear, speak contradiction. We are quite satisfied to say that governmental powers are separate and shared, departments distinct and overlapping, functions autonomous and interdependent. We have settled into these contradictions as we would a roomy chair: talking this way is no longer controversial but taken for granted, uttered with a knowing wink, perceived as the starting point of sophisticated analysis. A not "entirely separate," but "entirely free," set of departments is the only way we can think about the …

Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong, Robert M. Hardaway, Douglas B. Tumminello

Sturm College of Law: Faculty Scholarship

Part I of this Article examines the history of pretrial publicity in American courts and explores the values that the Sixth Amendment seeks to protect. Part II criticizes the Supreme Court's current approach to the pretrial publicity problem. Part III analyzes case studies of nationally notorious trials. Part IV explores remedial measures reasonably calculated to nullify the effects of prejudicial publicity and cases in which a trial judge's omission of those measures constitutes reversible error. Finally, this Article concludes by setting forth a proposed standard that should be applied in order to ensure the defendant's right to a fair trial …

Local Government And The New York State Constitution, Richard Briffault

Hofstra Law & Policy Symposium

No abstract provided.

Are State Constitutional Conventions Things Of The Past? The Increasing Role Of The Constitutional Commission In State Constitutional Change, Robert F. Williams

Hofstra Law & Policy Symposium

No abstract provided.

How Outcome Voting Promotes Principled Issue Identification: A Reply To Professor John Rogers And Others, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen

Faculty Scholarship

No abstract provided.

The Balanced Budget Amendment: Will Judges Become Accountants? A Look At State Experiences, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Asimov Goes To Law School, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Constitutional Conventionphobia, Gerald Benjamin, Thomas Gais

Hofstra Law & Policy Symposium

No abstract provided.

Changing State Constitutions: Dual Constitutionalism And The Amending Process, Peter J. Galie, Christopher Bopst

Hofstra Law & Policy Symposium

No abstract provided.

State Constitutional Social Welfare Provisions And The Right To Housing, Norma Rotunno

Hofstra Law & Policy Symposium

No abstract provided.

Presidential Power In The Russian Constitution, Lee Kendall Metcalf

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank

Faculty Articles and Other Publications

This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.

Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.

Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize

Marine Affairs Theses and Major Papers

this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …

Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski

Richmond Journal of Law and the Public Interest

The Framers did not intend the Constitution to be an all-inclusive "bill of lading," for we cannot forget John Marshall's famous admonition "that it is a constitution we are expounding."' Nonetheless, there are many large gaps and conflicts in the allocation of power among the three branches, most in the area of foreign relations, that have caused serious problems for our nation's leaders and constitutional scholars over the past two centuries. How have our presidents reacted? Certainly the President can and has acted on his own in negotiating, enacting, and implementing foreign policy, despite the lack of any express executive …

A Constitutional Bibliography, Thomas E. Baker

Faculty Publications

No abstract provided.

Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza

Faculty Scholarship

No abstract provided.

The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff

UIC Law Review

No abstract provided.

To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard

UIC Law Review

No abstract provided.

A Championship Season For The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.

Religious Accommodation And The National Labor Relations Act, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article argues for amending the National Labor Relations Act ("NLRA") to require employers and unions to accommodate a broader array of employee and third party religious beliefs. By detailing the experiences of several religious adherents, the Article seeks to demonstrate that current statutory and constitutional doctrines fail to adequately protect religious freedom.

After identifying numerous conflicts between the NLRA and religious exercises, the Article explains why a legislative accommodation for religion is appropriate given the long-standing history in United States labor law of accommodating various secular interests (e.g. federalism and free speech) that may conflict with optimal labor policy. …