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 1831 - 1860 of 2189
Full-Text Articles in Legal History
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
Voice In Government: The People, Emily Calhoun
The Constitution Of Reasons, Robin West
The Constitution Of Reasons, Robin West
Georgetown Law Faculty Publications and Other Works
Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …
Two Social Movements, Thomas W. Merrill
Two Social Movements, Thomas W. Merrill
Faculty Scholarship
Two social movements in the last fifty years have had a profound impact on our understanding of law and the role of the courts in our system of government. One is the civil rights movement. The demand for greater racial and gender equality and other civil rights has changed the face of the law in countless ways. For example, it has called into question – or at least required a fundamental revision in – the traditional understanding that the courts should interpret the Constitution and laws in accordance with their original meaning. Decisions such as Brown v. Board of Education …
The Unitary Executive In A Unified Theory Of Constituional Law: The Problem Of Interpretation, Geoffrey P. Miller
The Unitary Executive In A Unified Theory Of Constituional Law: The Problem Of Interpretation, Geoffrey P. Miller
Cardozo Law Review
Among theoretical issues in the area of federal separation of powers, the status of the Unitary Executive may be the most controversial: To what extent does the Constitution establish the President as a national chief executive with ultimate authority over activities of national administration? In this paper, I propose a model of the Unitary Executive which differs in some respects from prior work, including my own work on independent agencies, which I now view as incomplete. The model is grounded in a unified theory of constitutional law-i.e., a theory that includes issues both of rights and of structure within a …
Models Of The Opinion Function Of The Attorney General: A Normative, Descriptive, And Historical Prolegomenon, John O. Mcginnis
Models Of The Opinion Function Of The Attorney General: A Normative, Descriptive, And Historical Prolegomenon, John O. Mcginnis
Cardozo Law Review
The judiciary is not the only branch of government that offers authoritative constructions of the Constitution and other federal laws. Since the beginning of the Republic, the executive branch has made formal pronouncements on constitutional and statutory issues of such a substantial scope and variety that they rival the opinions of the Supreme Court. A public recording of the executive branch's most authoritative legal voice is contained in forty-three volumes of published opinions of the Attorney General and sixteen volumes of published opinions of the Office of Legal Counsel ("OLC")-the office to which the Attorney General now delegates the great …
Attorney General's Remarks, Benjamin N. Cardozo School Of Law, November 15, 1992, William P. Barr
Attorney General's Remarks, Benjamin N. Cardozo School Of Law, November 15, 1992, William P. Barr
Cardozo Law Review
While the modem Attorney General is active in a broad array of policy decisions and legal matters, this evening we are concerned only with what was once the core of the Attorney General's duties: legal interpretation within the executive branch. First, I would like to trace the evolution of the office of Attorney General from part-time legal advisor for the new government to head of a major department involved in making policy across a broad range of subjects. Second, I want to discuss the Attorney General's role in interpreting the law, both in rendering legal advice to the executive branch …
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
Akron Law Faculty Publications
Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts
Cardozo Law Review
Over the past few years public law debates have invariably focused on the relative significance of legal institutions as expressed in formal legislative and administrative structures versus everyday politics in the resolution of policy questions. This emphasis has been particularly evident in the examination of the appropriate structure and distribution of responsibility for administrative decision making, in general, and presidential authority versus agency autonomy, in particular.
The Political Process As Final Solution, Charles M. Freeland
The Political Process As Final Solution, Charles M. Freeland
Indiana Law Journal
No abstract provided.
Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy
Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy
UIC Law Review
No abstract provided.
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
Publications
No abstract provided.
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost …
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Faculty Scholarship
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …
The Aspirational Constitution, Robin West
The Aspirational Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Constitutionalism And Revolution, Stanley N. Katz
Constitutionalism And Revolution, Stanley N. Katz
Cardozo Law Review
No abstract provided.
A New Birth Of Constitutionalism: Genetic Influences And Genetic Defects, Louis Henkin
A New Birth Of Constitutionalism: Genetic Influences And Genetic Defects, Louis Henkin
Cardozo Law Review
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.
Natural Law Ambiguities, Robin West
Natural Law Ambiguities, Robin West
Georgetown Law Faculty Publications and Other Works
I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we keep separate the legal "is" from the legal "ought" is a logical prerequisite to meaningful legal criticism, and therefore, in the constitutional context, is a logical prerequisite to meaningful criticism of the Constitution. As Schauer argues, despite the modern inclination to associate positivism with conservatism, the positivist "separation thesis," properly understood, facilitates legal criticism and legal reform, not reactionary acquiescence. If we want to improve law, we must resist the urge to see it through the proverbial rose-colored glasses; we must be clear that a …
The Meaning Of "Under Color Of" Law, Steven L. Winter
The Meaning Of "Under Color Of" Law, Steven L. Winter
Michigan Law Review
The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
Dalhousie Law Journal
This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
Zero-Sum Madison, Thomas W. Merrill
Zero-Sum Madison, Thomas W. Merrill
Michigan Law Review
A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky
Performing The Constitution, Denis J. Brion
Performing The Constitution, Denis J. Brion
Washington and Lee Law Review
No abstract provided.
Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng
Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng
UIC Law Review
No abstract provided.
A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin
A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin
UIC Law Review
No abstract provided.
The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively
The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively
St. Thomas Law Review
This essay is derived in part from the author's book THE CONSTITUTION AND RACE (1992). Copyright 1992 by Donald E. Lively.
Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler
Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler
Indiana Law Journal
No abstract provided.
The Legal Basis Of Aboriginal Title, Brian Slattery
The Legal Basis Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.