Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community,
2013
Seattle University School of Law
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act,
2013
Seattle University School of Law
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma),
2013
Seattle University School of Law
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences,
2013
Seattle University School of Law
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
About The Authors,
2013
Seattle University School of Law
Originalism And The Colorblind Constitution,
2013
University of San Diego School of Law
Originalism And The Colorblind Constitution, Michael B. Rappaport
Notre Dame Law Review
In this Article, I challenge the claim that the original meaning clearly allows the states to engage in affirmative action. I argue that the original meaning does not plainly establish that affirmative action by the states is constitutional. Instead, there is, at the least, a reasonable argument to be made that state government affirmative action is unconstitutional. In fact, based on the available evidence, I believe that the case for concluding that the Fourteenth Amendment’s original meaning prohibits affirmative action as to laws within its scope is stronger than the case for concluding that it allows affirmative action. I do …
The Appointment And Removal Of William J. Marbury And When An Office Vests,
2013
University of Virginia School of Law
The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash
Notre Dame Law Review
Scholars have ignored the most important question in one of the most famous constitutional law cases, obscuring the machinations that spawned the dispute. This Article sheds light on the events that precipitated Marbury v. Madison and also explains when an appointment vests. Thomas Jefferson famously refused to deliver a commission to William J. Marbury, causing the latter to seek a writ of mandamus from the Supreme Court. The received wisdom supposes that Jefferson’s refusal rested on the grounds that Marbury had not been appointed a justice of the peace precisely because he never had received a commission. In fact, Jefferson’s …
'Dred Scott V. Sandford' Analysis,
2013
Gettysburg College
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Meaning And Belief In Constitutional Interpretation,
2013
Cornell University
Meaning And Belief In Constitutional Interpretation, Andrei Marmor
Cornell Law Faculty Publications
The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of …
Foreword,
2013
Duke Law
The Forgotten Equality Norm In Immigration Preemption: Discrimination, Harassment, And The Civil Rights Act Of 1870,
2013
Duke Law
The Forgotten Equality Norm In Immigration Preemption: Discrimination, Harassment, And The Civil Rights Act Of 1870, Lucas Guttentag
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Immigration Structuralism: A Return To Form,
2013
Duke Law
Immigration Structuralism: A Return To Form, David S. Rubenstein
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Delegating Away The Unitary Executive: Reviewing Ina § 287(G) Agreements Through The Lens Of The Unitary Executive Theory,
2013
Duke Law
Delegating Away The Unitary Executive: Reviewing Ina § 287(G) Agreements Through The Lens Of The Unitary Executive Theory, Matthew A. Smith
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Justifying Power: Federalism, Immigration, And ‘Foreign Affairs’,
2013
Duke Law
Justifying Power: Federalism, Immigration, And ‘Foreign Affairs’, Erin F. Delaney
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms,
2013
Judge, Court of Appeals of Virginia
Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Commonwealth And Constitution,
2013
University of Richmond School of Law
Commonwealth And Constitution, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
The Inclusiveness Of The New Originalism,
2013
Boston Univeristy School of Law
The Inclusiveness Of The New Originalism, James E. Fleming
Faculty Scholarship
In tracing the arc of originalism from the old originalism to the new, I observe a shift from an exclusionary outlook to an inclusionary outlook, reflected in new originalists’ proclamations that “we are all originalists now.” As my title suggests, I am going to bring out the inclusiveness of the new originalism and ponder its implications. The new originalists have emphasized two developments: (1) the movement from a focus on “intention of the framers” to “original public meaning” and (2) the articulation of and emphasis on the distinction between interpretation and construction. My main points are two. First, the inclusiveness …
Citizenship And The Law Of Time In The United States,
2013
Duke Law
Citizenship And The Law Of Time In The United States, Elizabeth F. Cohen
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Table Of Contents,
2013
Seattle University School of Law
Introduction,
2013
Seattle University School of Law
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
