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Articles 2041 - 2070 of 2122
Full-Text Articles in Jurisprudence
Freedom Of Speech As Therapy, Pierre Schlag
Searching For The Status Quo, Jeremy Paul
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
Penumbras And Privacy: A Study Of The Use Of Fictions In Constitutional Decision-Making, James B. Stoneking
West Virginia Law Review
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson
The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson
Law Faculty Articles and Essays
In interpreting the Constitution the Supreme Court has increasingly referred to The Federalist papers, a series of essays written by Alexander Hamilton, James Madison, and John Jay during the struggle to ratify the Constitution. This article describes in narrative form how the Court has incorporated The Federalist into its opinions, and summarizes how constitutional historians and political scientists have evaluated The Federalist and the Constitution. This format highlights the limited nature of the Court's historical inquiry by demonstrating that the Court and constitutional scholars have been traveling in parallel universes. Either the Court has ignored or been unaware of the …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Book Review, Pierre Schlag
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Rules And Standards, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
From Sovereignty To Process: The Jurisprudence Of Federalism After Garcia, Andrzej Rapaczynski
From Sovereignty To Process: The Jurisprudence Of Federalism After Garcia, Andrzej Rapaczynski
Faculty Scholarship
On February 19, 1985, the Supreme Court, in Garcia v. San Antonio Metropolitan Transit Authority, overruled its 1976 decision in National League of Cities v. Usery. Although the continued vitality of National League of Cities had been in question in recent years, the Court's abrupt repudiation of the very principle announced in that case is an event of considerable significance, beyond showing, one more time, that the rule of stare decisis has a limited application in the Court's modern constitutional adjudication. Garcia's importance lies, above all, in revealing the absence of anything approaching a well elaborated theory of federalism that …
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Taking Needs Seriously: Observations On The Necessity For Constitutional Change, Arthur S. Miller
Washington and Lee Law Review
No abstract provided.
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
Indiana Law Journal
No abstract provided.
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler
The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler
Cardozo Law Review
No abstract provided.
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part I, Processes Of Change, William W. Van Alstyne
Faculty Scholarship
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Faculty Scholarship
No abstract provided.
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Villanova Law Review (1956 - )
No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
Cardozo Law Review
No abstract provided.
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
"Property Rights" In Constitutional Analysis Today, James L. Oakes
"Property Rights" In Constitutional Analysis Today, James L. Oakes
Washington Law Review
The concept of "property rights" in Supreme Court constitutional analysis today is in flux. It has been and is undergoing change—a change more rapid than those of us who have concentrated our attention on other personal rights can imagine. That this process of change raises anew some fundamental issues of justice is not surprising; the institution of property has always done so. Perhaps the change is simply a swing of the pendulum, as the quote from Justice Frankfurter suggests: individual "property rights" assume greater importance as a state moves toward a laissez-faire economy or away from a regulated one; they …
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
Buffalo Law Review
No abstract provided.
The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson
The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson
Faculty Articles and Other Publications
Recent federal court of appeals decisions have relied on fundamental human rights norms to inform constitutional interpretation. This comment reviews the reasoning in those cases to identify possible constitutional uses of fundamental human rights norms and to suggest some conceptual framework for their use. The need for such a framework is illustrated by the cases themselves, which seem disparate and disjointed, with no discernible coherent philosophy, though each makes good sense when considered alone.
Process And Property In Constitutional Theory, Frank I. Michelman
Process And Property In Constitutional Theory, Frank I. Michelman
Cleveland State Law Review
Could property be a "process right?" "Property" does denote, among other things, a class or cluster of legal rights. In appropriate contexts, it plainly means a class or cluster of constitutional rights. But could the constitutional right of property possibly be a "process," as opposed to a "substantive," right?
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
Publications
No abstract provided.