Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (52)
- Courts (41)
- Civil Rights and Discrimination (38)
- First Amendment (36)
- Legal History (36)
-
- Jurisprudence (27)
- Criminal Law (25)
- Administrative Law (23)
- Law and Politics (23)
- Legislation (23)
- International Law (21)
- Comparative and Foreign Law (20)
- Judges (19)
- Criminal Procedure (18)
- Human Rights Law (16)
- State and Local Government Law (16)
- Law and Race (15)
- Education Law (14)
- Law and Society (14)
- President/Executive Department (14)
- National Security Law (12)
- Communications Law (11)
- Fourteenth Amendment (11)
- Military, War, and Peace (11)
- Religion Law (11)
- Family Law (9)
- Fourth Amendment (9)
- Legal Education (9)
- Institution
-
- University of Michigan Law School (42)
- William & Mary Law School (27)
- Yeshiva University, Cardozo School of Law (27)
- Georgetown University Law Center (25)
- BLR (23)
-
- UC Law SF (15)
- UIC School of Law (12)
- American University Washington College of Law (11)
- Columbia Law School (10)
- Cornell University Law School (10)
- University of Richmond (10)
- Fordham Law School (9)
- University of Colorado Law School (9)
- University of Kentucky (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Maurer School of Law: Indiana University (8)
- New York Law School (8)
- Vanderbilt University Law School (8)
- University of Arkansas Little Rock (7)
- University of Maryland Francis King Carey School of Law (7)
- University of Oklahoma College of Law (7)
- Duke Law (6)
- Mitchell Hamline School of Law (6)
- University of Miami Law School (6)
- Washington and Lee University School of Law (6)
- Florida State University College of Law (5)
- Notre Dame Law School (5)
- St. Thomas University College of Law (5)
- Boston University School of Law (4)
- Osgoode Hall Law School of York University (4)
- Keyword
-
- Constitutional law (35)
- Constitutional Law (32)
- Judicial review (26)
- Constitution (22)
- Supreme Court (20)
-
- Federalism (17)
- First Amendment (17)
- United States Supreme Court (16)
- Terrorism (14)
- Marbury v. Madison (10)
- Congress (9)
- Law (9)
- 9/11 (8)
- Civil rights (8)
- Commerce Clause (8)
- Jurisprudence (8)
- SCOTUS (8)
- Civil Rights and Discrimination (7)
- Separation of powers (7)
- Affirmative action (6)
- Constitution – Interpretation and construction (6)
- Constitutional history (6)
- Courts (6)
- Criminal Law and Procedure (6)
- Fourth Amendment (6)
- Government (6)
- Grutter v. Bollinger (6)
- Politics (6)
- Religion (6)
- Abortion (5)
- Publication
-
- Faculty Scholarship (29)
- Michigan Law Review (28)
- ExpressO (22)
- Georgetown Law Faculty Publications and Other Works (20)
- Faculty Publications (16)
-
- UC Law Constitutional Quarterly (15)
- UIC Law Review (11)
- Articles (10)
- Translated Opinions (10)
- Cornell Law Faculty Publications (9)
- Fordham Urban Law Journal (8)
- Journal Articles (8)
- Publications (8)
- Scholarly Works (8)
- William & Mary Bill of Rights Journal (8)
- Cardozo Law Review (7)
- NYLS Law Review (7)
- Cardozo Public Law, Policy & Ethics Journal (6)
- Kentucky Law Journal (6)
- Law Faculty Publications (6)
- University of Arkansas at Little Rock Law Review (6)
- William & Mary Law Review (6)
- American University Journal of Gender, Social Policy & the Law (5)
- American University Law Review (5)
- Federal Communications Law Journal (5)
- Oklahoma Law Review (5)
- Scholarly Articles (5)
- St. Thomas Law Review (5)
- University of Richmond Law Review (5)
- William Mitchell Law Review (5)
- Publication Type
Articles 91 - 120 of 422
Full-Text Articles in Constitutional Law
Justice White And The Right Of Privacy, David D. Meyer
Justice White And The Right Of Privacy, David D. Meyer
Faculty Scholarship
No abstract provided.
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
Faculty Publications
Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of …
Bring Back The Draft?, Neal Devins
Speech: The Bill Of Rights, Garrett Epps
Speech: The Bill Of Rights, Garrett Epps
All Faculty Scholarship
The Bill of Rights is a much more fortuitous addition to the Constitution than many people imagine. The tired delegates at Philadelphia were unable to make the final effort to frame a bill of rights, and their failure nearly caused the collapse of ratification. When the First Congress met, James Madison took responsibility for making the new government live up to the implied pledge made during ratification to provide a partial list, drawn from the historic rights on English subjects. Not all Madison's proposed amendments were adopted however. The work of adumbrating the full scope of liberty under the Constitution …
Interpretative Equality As A Structural Imperative (Or "Pucker Up And Settle This!"), Gary S. Lawson
Interpretative Equality As A Structural Imperative (Or "Pucker Up And Settle This!"), Gary S. Lawson
Faculty Scholarship
To serious students of the Constitution, Chief Justice Marshall's discussion of judicial review in Marbury v. Madisont was about judicial equality-the power of the courts, co-equal to the similar powers of the legislative and executive departments, to construe and apply the Constitution in the course of their duties. To less serious students of the Constitution, Marbury was about judicial supremacy-the supposedly paramount power of courts to interpret and apply the Constitution in a fashion that binds other legal actors, including the legislative and executive departments and state officials.
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander
Washington and Lee Law Review
No abstract provided.
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
Journal Articles
In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …
Government Responsibility For The Acts Of Jailhouse Informants Under The Sixth Amendment, Maia Goodell
Government Responsibility For The Acts Of Jailhouse Informants Under The Sixth Amendment, Maia Goodell
Michigan Law Review
Once a criminal investigation has identified a suspect, and adversarial proceedings have begun, the Sixth Amendment confers a right to be represented by counsel at the "critical stages" of the process. The Supreme Court has made clear that the government cannot circumvent this requirement merely by designating a civilian informant to engage in questioning on its behalf. Less clear is when the government is responsible for the actions of an informant; particularly in the case of jailhouse informants, incarcerated individuals who question fellow inmates, government responsibility is a difficult issue for which no clear legal standard has emerged. An examination …
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
Michigan Law Review
The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …
Mofaz V. Chairman Of The Central Elections Committee For The Sixteenth Knesset, Eliahu Mazza, Jacob Turkel, Aharon Barak, Ayala Procaccia, Dorit Beinisch, Dalia Dorner, Edmond E. Levy, Eliezer Rivlin, Izhak Englard, Shlomo Levin, Tova Strasberg-Cohen
Mofaz V. Chairman Of The Central Elections Committee For The Sixteenth Knesset, Eliahu Mazza, Jacob Turkel, Aharon Barak, Ayala Procaccia, Dorit Beinisch, Dalia Dorner, Edmond E. Levy, Eliezer Rivlin, Izhak Englard, Shlomo Levin, Tova Strasberg-Cohen
Translated Opinions
Facts: Petitioner 1, who served as Chief of Staff of the Israeli Defense Forces, was included on the list of candidates submitted by petitioner 2 for elections to the Knesset. The Chairman of the Central Elections Committee determined that petitioner was ineligible to present his candidacy. Israeli law provided for a cooling off period—a certain amount of time had to pass from a candidate’s discharge from the army or civil service and the time he presented his candidacy. The Chairman determined that petitioner had not met the requirements of the applicable cooling-off period. Petitioners appealed this decision. They asserted that …
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Aaron Burr And The Electoral Tie Of 1801: Strict Constitutional Construction, Jennifer Van Bergen
Aaron Burr And The Electoral Tie Of 1801: Strict Constitutional Construction, Jennifer Van Bergen
Cardozo Public Law, Policy & Ethics Journal
The article challenges the traditional portrayal of Aaron Burr as a schemer in the 1801 electoral tie, arguing that Burr acted with constitutional integrity and principle, unlike Thomas Jefferson, who resorted to political deals. Burr's strict adherence to the Constitution and his refusal to interfere with the electoral process are framed as honorable, while Jefferson's actions are criticized as unconstitutional. The analysis suggests that Burr has been unfairly vilified and offers a counter-narrative to the conventional view of Burr as a villain, emphasizing his commitment to constitutional principles over party loyalty.
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
Federal Communications Law Journal
No abstract provided.
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff
Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff
Cardozo Public Law, Policy & Ethics Journal
The note argues that the child welfare system perpetuates systemic oppression and commodification of children, particularly targeting African American and poor families, mirroring the exploitation of slavery. The author contends that the Thirteenth Amendment, which prohibits slavery and involuntary servitude, should be invoked to reform this system. The current system prioritizes intervention and removal over support, leading to harm and perpetuating racial and economic disparities. The author advocates for a balanced approach that protects children while addressing the systemic exploitation and racial control embedded in the foster care system.
Beyond Accountability: Arbitrariness And Legitimacy In The Administrative State, Lisa Schultz Bressman
Beyond Accountability: Arbitrariness And Legitimacy In The Administrative State, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
This Article argues that efforts to square the administrative state with the constitutional structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an important obstacle to agency legitimacy: the concern for administrative arbitrariness. Such thinking is evident in the prevailing model of the administrative state, which seeks to legitimate agencies by placing their policy decisions firmly under the control of the one elected official responsive to the entire nation-the President. This Article contends that the "presidential control" model cannot legitimate agencies because the model rests on a mistaken assumption about the …
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Michigan Law Review
Faysal Galab is a twenty-seven-year-old American citizen of Yemeni descent who was born and raised in Buffalo, New York. He is married, has three children, and used to run a gas station in the Buffalo suburb of Lackawanna. Perhaps you have heard of him; he will be spending some or all of the next ten years in federal prison because in spring of 2001 he and six other Lackawanna residents traveled to Afghanistan and trained with Al Qaeda.
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Michigan Law Review
Jefferson Powell is one of our foremost scholars of constitutional history. He is particularly adept at bringing extrajudicial sources to bear on constitutional issues. Owing perhaps in part to his extensive service in the Department of Justice, he has a special facility for the use of executive materials; he is surely our leading academic expert on executive interpretation of the Constitution. In his latest book Professor Powell applies his enviable skills to the recurring, fundamental, and controversial question of the division of authority between the President and Congress in the realm of foreign affairs. As is always the case when …
The Impossibility Of Citizenship, Peter J. Spiro
The Impossibility Of Citizenship, Peter J. Spiro
Michigan Law Review
These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international norms has prompted a vigorous reconsideration of their relationship to domestic ones. Where the twentieth century was marked by deep segmentation among national legal regimes, with minimal transboundary interpenetration, recent years have seen the advent of complex, overlapping regimes: subnational, national, regional, and global, public, and private. …
The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin
The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin
Michigan Law Review
The 2001 passage of the Bipartisan Campaign Reform Act ("BCRA"), popularly known as "McCain-Feingold," set the stage for a momentous constitutional conflict in the United States Supreme Court in the 2003-04 Term. Among other things, the new legislation bans "soft money" contributions to the national political parties by corporations, labor unions, and individuals; prohibits state parties that are authorized to accept such contributions to spend the proceeds on activities related to federal elections; forbids federal candidates to participate in raising soft money; doubles the amount of "hard money" an individual can contribute in a federal election from $1,000 to $2,000 …
Discussing The First Amendment, Christina E. Wells
Discussing The First Amendment, Christina E. Wells
Michigan Law Review
Since the First Amendment's inception, Americans have agreed that free expression is foundational to our democratic way of life. Though we agree on this much, we have rarely agreed on much else regarding the appropriate parameters of free expression. Is the First Amendment absolute or does it allow some regulation of speech? Should the First Amendment protect offensive speech, pornography, flag-burning? Why do we protect speech - to promote the search for truth, to promote self-governance, or to protect individual autonomy?2 History is rife with disagreements regarding these issues to which there are no definitive answers. Certainly, the text of …
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Michigan Law Review
Attitudes about the Supreme Court differ sharply, particularly among academics. Law professors believe the Constitution and other laws constrain the Court, while most political scientists do not. These different perspectives on justices' fidelity to the law ensure that legal scholars and political scientists have little to say about the Court that is of interest to each other. As a result, it should not be surprising that most legal scholars are unfamiliar with Harold Spaeth and Jeffrey Segal, the two political scientists most closely associated with the view that the law does not constrain the justices from voting their policy preferences. …
The Serpentine Wall Of Separation, John Witte Jr.
The Serpentine Wall Of Separation, John Witte Jr.
Michigan Law Review
The task of separating the secular from the religious in education is one of magnitude, intricacy, and delicacy, Justice Jackson wrote, concurring in McCollum v. Board of Education, the Supreme Court's first religion in public schools case. "To lay down a sweeping constitutional doctrine" of absolute separation of church and state "is to decree a uniform . . . unchanging standard for countless school boards representing and serving highly localized groups which not only differ from each other but which themselves from time to time change attitudes." If we persist in this experiment, Justice Jackson warned his brethren, "we are …
Disease And Cure?, L. A. Powe Jr.
Disease And Cure?, L. A. Powe Jr.
Michigan Law Review
Sunstein uses Franklin's remark to make two related points. First, citizens bear the burden of maintaining the American republic as a healthy, vibrant place; being a citizen is decidedly different from being a consumer. The former has duties, the latter wants (pp. 113-23). Second, and this is the gist of the slender book, the republic is jeopardized by the possibilities of the Internet. Sunstein assumes the correctness of MIT technology specialist Nicholas Negroponte's conclusion that in the not-too-distant future we will be able to create a "Daily Me" on the Internet that will provide the personalized information (including news) that …
Lochner'S Feminist Legacy, David E. Bernstein
Lochner'S Feminist Legacy, David E. Bernstein
Michigan Law Review
Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Michigan Law Review
In a small, triangular plot, a short distance north of the Capitol in Washington, D.C., is the recently dedicated "National Japanese American Memorial to Patriotism." One of the primary purposes of the memorial is to recall publicly the forced removal of Japanese Americans from the Pacific coast at the beginning of World War II and their imprisonment in government internment camps for the duration of the war. The incident is worth recalling, of course, if for no other reason than as a constant reminder that we must not let a similar tragedy befall any other group of Americans. But one …