Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (342)
- Courts (333)
- State and Local Government Law (275)
- Legal History (228)
- Jurisprudence (173)
-
- Civil Rights and Discrimination (162)
- Judges (149)
- Law and Politics (137)
- Criminal Law (136)
- Criminal Procedure (131)
- Legislation (123)
- First Amendment (122)
- Law and Society (122)
- President/Executive Department (106)
- Fourteenth Amendment (105)
- Public Law and Legal Theory (72)
- Civil Law (66)
- Law Enforcement and Corrections (65)
- Comparative and Foreign Law (60)
- Social and Behavioral Sciences (59)
- Human Rights Law (54)
- Fourth Amendment (53)
- Jurisdiction (53)
- Litigation (53)
- Administrative Law (51)
- Law and Gender (51)
- Law and Race (51)
- Civil Procedure (50)
- Institution
-
- University of Michigan Law School (276)
- Touro University Jacob D. Fuchsberg Law Center (234)
- Maurer School of Law: Indiana University (88)
- American University Washington College of Law (74)
- The University of Akron (55)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (51)
- Georgetown University Law Center (50)
- University of Richmond (49)
- University of Maryland Francis King Carey School of Law (48)
- Seattle University School of Law (41)
- Fordham Law School (39)
- New York Law School (39)
- Pepperdine University (38)
- Notre Dame Law School (37)
- Boston University School of Law (34)
- University of Kentucky (26)
- Roger Williams University (23)
- Case Western Reserve University School of Law (22)
- Columbia Law School (22)
- Cleveland State University (21)
- University of Georgia School of Law (20)
- Florida International University College of Law (19)
- BLR (18)
- University of Maine School of Law (16)
- Wayne State University (16)
- Marquette University Law School (15)
- Pace University (15)
- University of Missouri School of Law (14)
- Loyola Marymount University and Loyola Law School (13)
- St. Mary's University (13)
- Publication Year
- Publication
-
- Touro Law Review (210)
- Michigan Law Review (145)
- Faculty Scholarship (108)
- Articles (74)
- Indiana Law Journal (74)
-
- Scholarly Works (68)
- Faculty Publications (61)
- Georgetown Law Faculty Publications and Other Works (49)
- American University Law Review (41)
- Seattle University Law Review (39)
- University of Richmond Law Review (39)
- Journal Articles (38)
- Pepperdine Law Review (32)
- Schmooze 'tickets' (30)
- Akron Law Review (25)
- NYLS Law Review (22)
- ConLawNOW (21)
- ExpressO (18)
- Law Faculty Scholarly Articles (18)
- Scholarly Articles in Law Reviews & Journals (17)
- Law Faculty Research Publications (16)
- Maine Law Review (16)
- Marquette Law Review (15)
- Pace Law Review (13)
- Catholic University Law Review (12)
- All Faculty Scholarship (11)
- Cleveland State Law Review (11)
- Life of the Law School (1993- ) (11)
- Loyola of Los Angeles Law Review (11)
- University of Michigan Journal of Law Reform (11)
- Publication Type
- File Type
Articles 1171 - 1200 of 1734
Full-Text Articles in Constitutional Law
Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)
Court Of Appeals Ballentine V. Koch (Decided October 22, 1996)
Touro Law Review
No abstract provided.
United States Supreme Court: 1997 Term, Paul C. Giannelli
United States Supreme Court: 1997 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine
Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine
Scholarly Works
Charles L. Black Jr. has been one of the most important constitutional scholars in the United States for more than four decades. Professor Black's writings have helped shape the debate in a wide variety of constitutional areas, from racial equality and welfare rights to constitutional amendment, impeachment, and the death penalty. In this essay, Levine briefly surveys a number of Professor Black's articles, focusing on two areas of his scholarship: unnamed human rights and racial justice. By analyzing these two topics, which represent, respectively, Black's most recent scholarship and his most significant early work, Levine attempts to show certain principles …
The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg
The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg
Michigan Journal of International Law
This article analyzes the role that the Constitution assigns to the Senate in treatymaking and the implications of this role on the relationship between the President and the Senate. Part I examines the meaning of "advice and consent" in the Treaty Clause. It discusses the origins of the phrase "advice and consent," the history of the drafting of the Treaty Clause, and the implications of the Framers' decision to include the Treaty Clause in Article II of the Constitution.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Michigan Journal of International Law
Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Things Judges Do: State Statutory Interpretation, Judith S. Kaye
Touro Law Review
No abstract provided.
Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel
Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel
Touro Law Review
No abstract provided.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Right To Trial By Jury, Court Of Appeals People V. Foy
Right To Trial By Jury, Court Of Appeals People V. Foy
Touro Law Review
No abstract provided.
Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan
Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan
Scholarly Works
The Second Amendment is the black sheep of the constitutional family. Paralleling the Amendment's neglect and abuse by commentators is the curious onslaught of misinformation and fear in the public arena. In this Article, Professors McAffee and Quinlan begin the process of restoring the Second Amendment to its rightful place as an individual right enjoyed by the citizenry. Reviewing singular facets of the Second Amendment debate, including the relation between the Militia and Right to Arms Clauses, the meaning of “keep and bear,” the relevance of militia provisions today and the abandonment by the Supreme Court as an active participant …
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Scholarly Works
Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the …
Learning From Lincoln, William Michael Treanor
Learning From Lincoln, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The most arresting aspect of Jack Balkin's thought-provoking paper about the consequences of fidelity to the Constitution is his use of Abraham Lincoln. Professor Balkin offers Lincoln as a prime example of someone blinded by fidelity to the Constitution. Lincoln's fidelity to the Constitution, Balkin tells us, allowed him to make a kind of peace with slavery, to think that it was "not so great an evil that it had to be abolished immediately." This is such a powerful point because, 130 years after Lincoln's assassination, we mourn him still. We mourn him because we miss his leadership, we miss …
The Constitutional Right To "Conservative" Revolution, David C. Williams
The Constitutional Right To "Conservative" Revolution, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith
Indiana Law Journal
No abstract provided.
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
Indiana Law Journal
No abstract provided.
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Michigan Law Review
A Review of John Arthur, Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory
Progress And Constitutionalism, Robert F. Nagel
Progress And Constitutionalism, Robert F. Nagel
Michigan Law Review
A Review of Robin West, Progressive Constitutionalism: Reconstructing the Fourteenth Amendment
Choice Of Law And The Forgiving Constitution, Gene R. Shreve
Choice Of Law And The Forgiving Constitution, Gene R. Shreve
Indiana Law Journal
No abstract provided.
Measured Constitutional Steps, Lisa A. Kloppenberg
Measured Constitutional Steps, Lisa A. Kloppenberg
Indiana Law Journal
No abstract provided.
Mandatory Hiv Screening Of Newborns: A Proposition Whose Time Has Not Yet Come , Suzanne M. Malloy
Mandatory Hiv Screening Of Newborns: A Proposition Whose Time Has Not Yet Come , Suzanne M. Malloy
American University Law Review
No abstract provided.
The Damaging Consequences Of The Rehnquist Court's Commitment To Color-Blindness Versus Racial Justice , Frank R. Parker
The Damaging Consequences Of The Rehnquist Court's Commitment To Color-Blindness Versus Racial Justice , Frank R. Parker
American University Law Review
No abstract provided.
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
Touro Law Review
No abstract provided.
Pragmatism And Parity In Appointments, Yxta Maya Murray
Pragmatism And Parity In Appointments, Yxta Maya Murray
Michigan Journal of Gender & Law
This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
Originalism And Indeterminacy, Thomas B. Mcaffee
Originalism And Indeterminacy, Thomas B. Mcaffee
Scholarly Works
Perhaps the most universal objection to originalism is that it is impossible; that is, the materials relied upon by originalists simply do not yield determinant answers to any worthwhile questions. This indeterminacy objection lacks significant force for at least three reasons. First, the claim that the interpretive materials are always indeterminate vastly overstates the extent and importance of the uncertainties involved; consequently, originalism's critics understate the importance of the originalist canon as a tool for reducing the degree of indeterminacy in constitutional interpretation. Once it becomes clear that originalist methodology can provide some definitive answers, even if significant indeterminacy remains, …
Federalism And The Protection Of Rights: The Modern Ninth Amendment’S Spreading Confusion, Thomas B. Mcaffee
Federalism And The Protection Of Rights: The Modern Ninth Amendment’S Spreading Confusion, Thomas B. Mcaffee
Scholarly Works
Blindness to a basic understanding of the framers' design of our federal structure is largely responsible for the confusion that surrounds our understanding of the Ninth Amendment. The Ninth Amendment reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In Griswold v. Connecticut, Justices Black and Stewart explained in separate dissenting opinions that the Ninth Amendment's reference to the other rights “retained by the people” alluded to the collective and individual rights the people “retained” by virtue of granting limited, enumerated powers to the national government. …
A Critical Guide To The Ninth Amendment, Thomas B. Mcaffee
A Critical Guide To The Ninth Amendment, Thomas B. Mcaffee
Scholarly Works
Since the Supreme Court's decision in Griswold v. Connecticut, thousands of law students each year have confronted a confusing debate over the meaning of the Ninth Amendment. Writing for the majority in Griswold, Justice Douglas included the Ninth Amendment among the sources for deriving the “penumbral” right of privacy. More central to this article, in a separate concurrence Justice Goldberg contended that the Amendment provided a basis for the discovery of fundamental human rights beyond those included in the text of the Constitution and the Bill of Rights. In response, the dissenting Justices, Stewart and Black, argued that …