In Search Of "Laissez-Faire Constitutionalism",
2010
University of Baltimore School of Law
In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay
All Faculty Scholarship
This article is a response to Professor Jed Shugerman’s Economic Crisis and the Rise of Judicial Elections and Judicial Review, HARVARD LAW REVIEW (2010). Professor Shugerman argues that the widespread adoption of judicial elections in the 1850’s and the embrace by the first generation of elected judges of countermajoritarian rationales for judicial review helped to effect a transition from the active, industry-building state of the early nineteenth century to the "laissez-faire constitutionalism" of the Lochner era. This response argues that Professor Shugerman overstates the causal relationship between the elected judiciary’s robust constitutional defense of "vested rights" and the iconic, if …
Persons All The Way Up,
2010
Villanova University Charles Widger School of Law
Persons All The Way Up, Steven D. Smith
Villanova Law Review (1956 - )
No abstract provided.
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010),
2010
UIC School of Law
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
UIC Law Review
No abstract provided.
Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010),
2010
UIC School of Law
Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse
UIC Law Review
No abstract provided.
How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010),
2010
UIC School of Law
How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona
UIC Law Review
No abstract provided.
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010),
2010
UIC School of Law
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones
UIC Law Review
No abstract provided.
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010),
2010
UIC School of Law
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
UIC Law Review
No abstract provided.
The Creation Of Authority In A Sermon By St. Augustine,
2010
Villanova University Charles Widger School of Law
The Creation Of Authority In A Sermon By St. Augustine, James Boyd White
Villanova Law Review (1956 - )
No abstract provided.
Property And The Public Forum: An Essay On Christian Legal Society V. Martinez,
2010
Case Western University School of Law
Property And The Public Forum: An Essay On Christian Legal Society V. Martinez, B. Jessie Hill
Faculty Publications
Christian Legal Society v. Martinez is situated at the intersection of various, and arguably conflicting, lines of doctrine. In ultimately holding that the Hastings College of Law could decline to recognize the student chapter of the Christian Legal Society due to the group’s refusal to accept members who did not conform their beliefs and conduct to the principles of CLS (particularly regarding homosexuality),the Supreme Court was required to sort through a tangle of precedents involving free speech limitations in nonpublic for a, religious groups’ rights of equal access to school facilities, and freedom of expressive association.
Perhaps less obviously, however, …
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining,
2010
Villanova University Charles Widger School of Law
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Villanova Law Review (1956 - )
No abstract provided.
The Humanity Of Law,
2010
Villanova University Charles Widger School of Law
The Humanity Of Law, H. Jefferson Powell
Villanova Law Review (1956 - )
No abstract provided.
Through Papers To Persons,
2010
Villanova University Charles Widger School of Law
Through Papers To Persons, John T. Noonan Jr.
Villanova Law Review (1956 - )
No abstract provided.
Legal Forms And The Common Law Of Patents,
2010
Case Western University School of Law
Legal Forms And The Common Law Of Patents, Craig Allen Nard
Faculty Publications
The question of institutional choice is important in all areas of the law, but particularly in the context of patent law with its divergent stakeholders, decentralized variance among industries regarding how the patent system is viewed and relied upon, and a persistent focus on reform in recent years. For over two hundred years, the courts have been the dominant force in the development of patent law. It should therefore come as no surprise to learn that a significant portion of American patent law, including some of the most important and controversial patent law doctrines, is either built upon judicial interpretation …
Perelman's Theory Of Argumentation And Natural Law,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii
Scholarly Works
Chaim Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman’s argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled “Perelman’s Th eory of Argumentation as a Rejection of Natural Law.”
However, my thesis is precisely that Perelman’s theory of argumentation connects to the natural law tradition in interesting and productive …
Ugly American Hermeneutics,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ugly American Hermeneutics, Francis J. Mootz Iii
Scholarly Works
This article will appear in a Symposium on comparative legal hermeneutics that includes four articles by American scholars and four articles by Brazilian scholars. I argue that the "ugly American" hermeneutics exemplified in Justice Scalia's opinion in District of Columbia v. Heller is unfortunate, even if we supplement Justice Scalia's hermeneutical fantasy with the much more careful and balanced philosophical work by Larry Solum, Keith Whittington and other scholars. Nevertheless, the pragmatic work of interpretation by lawyers and judges in the day-to-day world of legal practice shows a plain-faced integrity of which we Americans can be proud.
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining,
2010
Villanova University Charles Widger School of Law
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Villanova Law Review (1956 - )
No abstract provided.
Symposium Introduction,
2010
Villanova University Charles Widger School of Law
Symposium Introduction, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Law's Melody,
2010
Villanova University Charles Widger School of Law
The Law's Melody, Jack L. Sammons
Villanova Law Review (1956 - )
No abstract provided.
Perelman's Theory Of Argumentation And Natural Law,
2010
Pacific McGeorge School of Law
Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Power To End War: The Extent And Limits Of Congressional Power.,
2010
St. Mary's University
The Power To End War: The Extent And Limits Of Congressional Power., Adam Heder
St. Mary's Law Journal
Congress has several options in limiting the execution of war, however, Congress has no implied constitutional authority to terminate a war. Congress may limit the scope at the outset of the war, dissolve the army, or use its appropriation power. Congress may also impeach the President. Domestic statutes, the Court’s strong protection of essential liberties, and the democratic process further check the President’s power. Short of these, however, neither the Constitution nor subsequent case law gives Congress any definitive power to end or effectively limit the President’s ability to conduct a war. Congress gets its “bite at the apple” at …
