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Social and Behavioral Sciences Commons

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Constitutional Law

Series

Supreme Court

Articles 31 - 43 of 43

Full-Text Articles in Social and Behavioral Sciences

Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles Jan 2003

Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr. Jan 2002

How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr.

Vanderbilt Law School Faculty Publications

Professors George and Pushaw review Maxwell L. Stearns’ book, “Constitutional Process: A Social Choice Analysis of Supreme Court Decision-making.” In his book, Stearns demonstrates that the U.S. Supreme Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing “social choice” economic theory, Professor Stearns argues that the Court strives to formulate rules that promote rationality and fairness. Perhaps the greatest strength of Stearns’ book is that he presents a grand unified theory of the Court’s rules of constitutional process and the resulting development of doctrine. This strength can also be a weakness, …


Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


The Constitutional Right To Die: Ethical Considerations, Lawrence O. Gostin Jan 1997

The Constitutional Right To Die: Ethical Considerations, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this commentary, the author first looks at some ethical reasoning supporting physician-assisted dying. Second, he examines some of the lines that have been drawn between withdrawing and withholding life-sustaining treatment on the one hand, and physician-assisted dying on the other. Finally, he relates both of these matters to constitutional reasoning, beginning with Cruzan and ending with the cases before the Supreme Court at the time of the article's publication.


Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price Jan 1996

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …


Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank Jun 1994

Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

11 pages.

Contains 3 pages of references.


Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman Jun 1994

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.


Mining Regulation And Takings, Mark Squillace Jun 1994

Mining Regulation And Takings, Mark Squillace

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains footnotes.


Mining Regulation(S) And Takings, Lawrence G. Mcbride Jun 1994

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.


Mining Regulation And Takings, L. Thomas Galloway Jun 1994

Mining Regulation And Takings, L. Thomas Galloway

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.


The Endangered Species Act And Constitutional Takings, Robert Meltz Jun 1994

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.


City Of Tigard And Takings Law, Richard D. Lazarus Jun 1994

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.


Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht Jun 1994

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.