Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (235)
- Yeshiva University, Cardozo School of Law (155)
- UIC School of Law (140)
- Touro University Jacob D. Fuchsberg Law Center (126)
- Universitas Indonesia (125)
-
- Georgetown University Law Center (92)
- University of Michigan Law School (85)
- BLR (71)
- American University Washington College of Law (65)
- Texas A&M University School of Law (62)
- Northwestern Pritzker School of Law (58)
- University of Colorado Law School (54)
- Saint Joseph University of Beirut (48)
- University of Georgia School of Law (36)
- Duke Law (35)
- Brooklyn Law School (34)
- Pepperdine University (33)
- Notre Dame Law School (32)
- Villanova University Charles Widger School of Law (29)
- Fordham Law School (27)
- Liberty University (27)
- The University of Akron (26)
- Barry University School of Law (25)
- Maurer School of Law: Indiana University (24)
- Penn State Dickinson Law (24)
- Washington and Lee University School of Law (23)
- University of Arkansas, Fayetteville (22)
- Cleveland State University (21)
- The Catholic University of America, Columbus School of Law (21)
- University of Cincinnati College of Law (20)
- Keyword
-
- Jurisprudence (300)
- Constitutional Law (197)
- Constitutional law (192)
- Constitution (180)
- Supreme Court (146)
-
- First Amendment (84)
- Judicial review (67)
- Originalism (66)
- United States Supreme Court (61)
- Judges (57)
- Federal (56)
- State (56)
- Constitutional interpretation (53)
- Federalism (53)
- Courts (52)
- New York (47)
- Fourteenth Amendment (46)
- Due process (43)
- Law (41)
- Legal History (41)
- Separation of powers (41)
- Law and Society (40)
- Legislation (40)
- Interpretation (37)
- Public Law and Legal Theory (36)
- Defendant (34)
- Court of Appeals (31)
- Equal protection (31)
- Textualism (31)
- 1990) (30)
- Publication Year
- Publication
-
- Seattle University Law Review (227)
- Faculty Scholarship (143)
- UIC Law Review (138)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Touro Law Review (108)
-
- Cardozo Law Review (94)
- Georgetown Law Faculty Publications and Other Works (90)
- ExpressO (69)
- Michigan Law Review (64)
- Publications (54)
- Articles (50)
- Proche-Orient, Études juridiques (48)
- Northwestern University Law Review (47)
- American University Law Review (31)
- Scholarly Works (31)
- Pepperdine Law Review (29)
- Akron Law Review (25)
- Dickinson Law Review (2017-Present) (24)
- Barry Law Review (21)
- Arkansas Law Review (20)
- Working Paper Series (19)
- Faculty Publications and Presentations (18)
- Georgia Journal of International & Comparative Law (17)
- Washington and Lee Law Review (17)
- Brooklyn Law Review (16)
- Catholic University Law Review (16)
- Fordham Law Review (16)
- Scholarly Articles in Law Reviews & Journals (16)
- Journal Articles (15)
- Law Faculty Articles and Essays (13)
- Publication Type
- File Type
Articles 1981 - 2010 of 2167
Full-Text Articles in Jurisprudence
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West
Georgetown Law Faculty Publications and Other Works
What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …
Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West
Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
It is by now an open secret that current interpretations of the meaning of the equal protection clause of the Fourteenth Amendment, and of its relevance and mandate for contemporary problems of racial, gender, and economic justice, are deeply and, in a sense, hopelessly conflicted. The conflict, simply stated, is this: to the current Supreme Court, and to a sizeable and influential number of constitutional theorists, the "equal protection of the laws" guaranteed by the Constitution is essentially a guarantee that the categories delineated by legal rules will be "rational" and will be rationally related to legitimate state ends. To …
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
Michigan Law Review
Earlier in this the first year of the new millennium, Professor Larry Marshall was appointed Chief Justice of the United States. The first important case coming before the Marshall Court involved the government's prosecution of Frankly Amorous under the White Slave Traffic Act of June 25, 1910 (the Mann Act), as amended. Defendant Amorous was a law student in Virginia who paid for the airplane ticket of his female lover to travel from North Carolina to Virginia for the admitted purpose of having extramarital sexual relations. The U.S. Attorney prosecuted Amorous for violating the Mann Act, which criminalizes the knowing …
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
In the law school tradition of "suspending belief," Professor Eskridge has created a hypothetical in which I, in my first case as Chief Justice of the United States, must decide whether to adhere to various antiquated and seemingly erroneous precedents interpreting the Mann Act. Eskridge assumes that I will feel compelled to adhere to these decisions, for to do otherwise, he contends, would force me to abandon the proposal for an absolute rule of statutory stare decisis that I advanced recently in this Law Review. Eskridge then offers a variety of critiques of my thesis, coming from perspectives as diverse …
On The Critical Tribunal, Stephen Watson
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Cardozo Law Review
No abstract provided.
Resisting Theory, Jonathan Culler
The Truth About Massiah, James J. Tomkovicz
The Truth About Massiah, James J. Tomkovicz
University of Michigan Journal of Law Reform
First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Michigan Law Review
A Review of Original Intent and the Framer's Constitution by Leonard W. Levy
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Michigan Law Review
The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …
Florida Star V. B.J.F.: The Rape Of The Right To Privacy, 23 J. Marshall L. Rev. 731 (1990), Barbara Lynn Pedersen
Florida Star V. B.J.F.: The Rape Of The Right To Privacy, 23 J. Marshall L. Rev. 731 (1990), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Retrospective Justification, Jeffrey Malkan
Edmonson V. Leesville Concrete Company, Inc.: Can The "No State Action" Shibboleth Legitimize The Racist Use Of Peremptory Challenges In Civil Actions, 23 J. Marshall L. Rev. 271 (1990), David Park
UIC Law Review
No abstract provided.