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Constitutional Law

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Articles 1651 - 1680 of 2189

Full-Text Articles in Legal History

Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken Jan 2000

Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken

UIC Law Review

No abstract provided.


Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton Jan 2000

Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton

UIC Law Review

No abstract provided.


Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson Jan 2000

Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson

UIC Law Review

No abstract provided.


Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss Jan 2000

Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss

UIC Law Review

No abstract provided.


John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer Jan 2000

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer

UIC Law Review

No abstract provided.


Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White Jan 2000

Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White

UIC Law Review

No abstract provided.


John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller Jan 2000

John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller

UIC Law Review

No abstract provided.


Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely Jan 2000

Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely

UIC Law Review

No abstract provided.


Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel Jan 2000

Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel

UIC Law Review

No abstract provided.


Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser Jan 2000

Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser

UIC Law Review

No abstract provided.


Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton Jan 2000

Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton

UIC Law Review

No abstract provided.


John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball Jan 2000

John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball

UIC Law Review

No abstract provided.


The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr. Jan 2000

The Marshall Court And Property Rights: A Reappraisal, 33 J. Marshall L. Rev. 1023 (2000), James W. Ely Jr.

UIC Law Review

No abstract provided.


Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson Jan 2000

Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson

UIC Law Review

No abstract provided.


Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith Jan 2000

Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith

UIC Law Review

No abstract provided.


Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay Jan 2000

Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay

Faculty Articles and Papers

Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000


The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson Jan 2000

The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1197 (2000), Charles F. Hobson

UIC Law Review

No abstract provided.


When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler Jan 2000

When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar Jan 2000

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically, the Article argues that the …


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard Jan 2000

Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard

Articles

This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …


Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault Jan 2000

The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault

Faculty Publications

Examines the harmless error rule as interpreted by Michigan case law.


Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West Jan 2000

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West

Georgetown Law Faculty Publications and Other Works

Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come …


Recovering The Original Fourth Amendment, Thomas Y. Davies Dec 1999

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …


The Strange History Of "All Men Are Created Equal", Pauline Maier Jun 1999

The Strange History Of "All Men Are Created Equal", Pauline Maier

Washington and Lee Law Review

No abstract provided.