Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (259)
- University of Michigan Law School (230)
- Universitas Indonesia (121)
- UIC School of Law (102)
- University of Colorado Law School (97)
-
- Yeshiva University, Cardozo School of Law (93)
- Georgetown University Law Center (74)
- BLR (62)
- American University Washington College of Law (50)
- Duke Law (45)
- Texas A&M University School of Law (45)
- Washington and Lee University School of Law (40)
- Maurer School of Law: Indiana University (36)
- Notre Dame Law School (36)
- William & Mary Law School (36)
- New York Law School (35)
- Fordham Law School (34)
- Pepperdine University (34)
- Boston University School of Law (33)
- University of Richmond (32)
- Brooklyn Law School (31)
- University of Georgia School of Law (31)
- University of Maryland Francis King Carey School of Law (30)
- Columbia Law School (29)
- Touro University Jacob D. Fuchsberg Law Center (29)
- Cornell University Law School (28)
- Liberty University (28)
- Penn State Dickinson Law (28)
- Northwestern Pritzker School of Law (26)
- Villanova University Charles Widger School of Law (21)
- Keyword
-
- Constitution (229)
- Constitutional law (193)
- Constitutional Law (192)
- Legal History (158)
- History (120)
-
- Legal history (109)
- Supreme Court (102)
- Originalism (94)
- Constitutional history (71)
- Jurisprudence (70)
- Constitutional interpretation (68)
- United States Supreme Court (63)
- Federalism (61)
- Congress (58)
- First Amendment (52)
- Fourteenth Amendment (51)
- Judicial review (46)
- Law (44)
- Courts (41)
- Legislation (40)
- Separation of powers (38)
- United States (38)
- Judges (37)
- Due process (36)
- Law and Society (34)
- Slavery (33)
- Politics (30)
- Constitutional theory (28)
- Democracy (28)
- Fifth Amendment (26)
- Publication Year
- Publication
-
- Seattle University Law Review (225)
- Faculty Scholarship (192)
- Michigan Law Review (161)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- UIC Law Review (94)
-
- Georgetown Law Faculty Publications and Other Works (71)
- Cardozo Law Review (61)
- ExpressO (60)
- Publications (58)
- Articles (56)
- NYLS Law Review (30)
- Faculty Publications (29)
- Pepperdine Law Review (29)
- Cornell Law Faculty Publications (27)
- Scholarly Works (27)
- Seattle Journal for Social Justice (27)
- Law Faculty Publications (26)
- Dickinson Law Review (2017-Present) (25)
- Journal Articles (24)
- Touro Law Review (24)
- Indiana Law Journal (21)
- William & Mary Bill of Rights Journal (20)
- American University Journal of Gender, Social Policy & the Law (19)
- Faculty Publications and Presentations (18)
- Northwestern University Law Review (18)
- Western Water Law in Transition (Summer Conference, June 3-5) (18)
- All Faculty Scholarship (16)
- American University Law Review (16)
- Arkansas Law Review (16)
- Fordham Law Review (14)
- Publication Type
- File Type
Articles 1681 - 1710 of 2189
Full-Text Articles in Legal History
The American Founders' Responsibility, Ralph Lerner
The American Founders' Responsibility, Ralph Lerner
Washington and Lee Law Review
No abstract provided.
Create Your Own Constitutional Theory, Michael C. Dorf
Create Your Own Constitutional Theory, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark
Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark
Michigan Law Review
When was the last time you read a serious, recently published work of constitutional history that did not deal mainly with the work of the Supreme Court? When, even among those works, did the author look beyond the immediate litigants to give the reader a sense of an evolving constitutional culture - a culture in symbiosis with the larger political and social culture - its eddies and byways, as well as its mainstream? My strong hunch is that anyone who can triumphantly respond to the implicit condemnation of narrowness in these questions will do so in large measure having read …
The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck
The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck
Michigan Law Review
On January 14, 1983, Chief Judge W. Brevard Hand announced what he knew would be widely regarded as a rather startling proposition. Believing that "[t]he first amendment in large part was a guarantee to the states which insured that the states would be able to continue whatever church-state relationship existed in 1791," Judge Hand held that the people of Alabama were perfectly free to "establish[] a religion," in this instance by allowing public school teachers to begin the school day with prayer. The ruling reversed an earlier decision in the same case, which characterized the statutory provision at issue as …
Should Progressives Support The Constitution?, Steven H. Shiffrin
Should Progressives Support The Constitution?, Steven H. Shiffrin
Cornell Law Faculty Publications
In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …
Appendix: Biographies Of Participants , American University Law Review
Appendix: Biographies Of Participants , American University Law Review
American University Law Review
No abstract provided.
Cardozo And The Art Of Biography, Andrew L. Kaufman
Cardozo And The Art Of Biography, Andrew L. Kaufman
Cardozo Law Review
No abstract provided.
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
American University Law Review
No abstract provided.
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Michigan Law Review
Modem American law is, in a sense, a system of compartments. For understandable curricular reasons, legal education sharply distinguishes the law of evidence from both constitutional law and criminal procedure. In fact, the lines of demarcation between these three subjects extend well beyond law school to the organization of the leading treatises and case headnotes to which practicing lawyers routinely refer in their trade. Many of the most interesting questions in the law, however, do not rest squarely within a single compartment; instead, they concern the content and legitimacy of the lines of demarcation themselves. This article explores a significant, …
Transcript: What Makes The District An Anomaly? , American University Law Review
Transcript: What Makes The District An Anomaly? , American University Law Review
American University Law Review
No abstract provided.
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
American University Law Review
No abstract provided.
Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review
Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review
American University Law Review
No abstract provided.
Transcript: Welcome Address, American University Law Review
Transcript: Welcome Address, American University Law Review
American University Law Review
No abstract provided.
Transcript: Keynote Address , American University Law Review
Transcript: Keynote Address , American University Law Review
American University Law Review
No abstract provided.
Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner
Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner
UIC Law Review
No abstract provided.
Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge
Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge
Seattle University Law Review
This Article draws on my legislative and judicial background to focus both on the tendency of the courts to exceed their core constitutional role and the implications of such judicial activism. This article contend that modern courts of general jurisdiction are too often embroiled in sociopolitical controversies best left to the political branches of government. Part I addresses the concept of judicial restraint in our constitutional system and the need to define the core powers of the judicial branch of government. Part II discusses principles of judicial restraint in the federal courts. Part III, using the example of Washington State …
Licensed To Steal: Has Sovereign Immunity Gone Too Far, 32 J. Marshall L. Rev. 779 (1999), Sulaiman M. Qazi
Licensed To Steal: Has Sovereign Immunity Gone Too Far, 32 J. Marshall L. Rev. 779 (1999), Sulaiman M. Qazi
UIC Law Review
No abstract provided.
What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz
UIC Law Review
No abstract provided.
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
UIC Law Review
No abstract provided.
5 U.S. (1 Cranch) 137, 175, Eric J. Segall
5 U.S. (1 Cranch) 137, 175, Eric J. Segall
Faculty Publications By Year
No abstract provided.
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.
When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith
UIC Law Review
No abstract provided.
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Faculty Scholarship
When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
Law Faculty Publications
Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Faculty Publications
One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold
American University Law Review
No abstract provided.
The Boundaries Of Private Property, Michael A. Heller
The Boundaries Of Private Property, Michael A. Heller
Faculty Scholarship
If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …
The Boundaries Of Private Property, Michael A. Heller
The Boundaries Of Private Property, Michael A. Heller
Articles
If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
Faculty Publications
No abstract provided.
Nineteenth-Century Orthodoxy, Richard B. Collins