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Articles 1621 - 1650 of 2417
Full-Text Articles in Constitutional Law
Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein
Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein
All Faculty Scholarship
No abstract provided.
The Public Square And The Jew As Religious Other, Sheldon Nahmod
The Public Square And The Jew As Religious Other, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
A Further Word Against Consensus, John O. Mcginnis
A Further Word Against Consensus, John O. Mcginnis
Articles
In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber
Faculty Scholarship
No abstract provided.
Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach
Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article reviews the historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements, providing most of our modern law of land use and environmental protection. Until Lucas, the Takings Clause had not been treated as a charter establishing the courts as boards of revision to rethink and selectively veto legislative determinations in the land use field. Within the scope of “total takings,” however, Lucas has converted the Takings Clause from its original meaning and made it exactly that.
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This Article examines the diversion of the Takings Clause from its historic limited role to that of a charter for courts to second-guess legislative determinations of land-use rights and wrongs. As we shall see, prior to Lucas the Supreme Court and others following its lead have generally not regarded the Takings Clause as a warrant for reaching de novo determinations on land use problems and then substituting such judicial determinations, if different, for those of the legislature. Some notable exceptions in the Claims Court and Federal Circuit will then be considered along with the ostensible Supreme Court authority, a sentence …
The Constitutional Right To Defense Experts, Paul C. Giannelli
The Constitutional Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Rights As Trumps, Dan T. Coenen
Rights As Trumps, Dan T. Coenen
Scholarly Works
In this essay, I question Professor Fallon's strong rejection of the notion that "rights are trumps" by making four points. First, rights are trumps in the single, but important, sense that they preclude the exercise of powers granted to government by the constitutional text. Second, rights sometimes operate as trumps on governmental powers in the very purse sense that they cut off all consideration of governmental interests. Third, even when the Court considers government interests in dealing with rights, it often does so on such a restricted basis that the description of rights as "trumps" remains accurate. Finally, even accepting …
Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser
Faculty Scholarship
This Note examines the Supreme Court decision in Burkick v. Takushi in detail and questions the Court's conclusion that the voters' interest in casting write-in votes is so slight that write-in bans are presumptively valid. The Note concludes that the Burdick decision is both inconsistent with the Court's previous ballot access jurisprudence, and restricts the electoral process at a time when voters are clamoring for more diverse choices in the voting booth. Section I of this Note briefly reviews a number of cases that considered the constitutionality of legislation governing candidate access to election ballots. The ballot access cases are …
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
Articles
No abstract provided.
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
Articles
The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Racial Progress And Constitutional Roadblocks, Jeremy Rabkin
Racial Progress And Constitutional Roadblocks, Jeremy Rabkin
William & Mary Law Review
No abstract provided.
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson
The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson
William & Mary Bill of Rights Journal
No abstract provided.
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Open Justice In A Closed Legal System?, Bernhard Schlink
Open Justice In A Closed Legal System?, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Cardozo Law Review
No abstract provided.
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Constitutional Law - Reining In Patronage By Saying No To Government Employers Seeking To Assert The Political Exception Doctrine In The Elrod/Branti Analysis, Mark W. Helwig
Villanova Law Review (1956 - )
No abstract provided.
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.