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In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay 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, Steven D. Smith 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), James J. Knicely, John W. Whitehead 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), Adam H. Morse 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), Andrew Wrona 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), Katie Simpson-Jones 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), Steven J. André 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, James Boyd White 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, B. Jessie Hill 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, Patrick McKinley Brennan 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, H. Jefferson Powell 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, John T. Noonan Jr. 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, Craig Allen Nard 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, Francis J. Mootz III 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, Francis J. Mootz III 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, John L. McCausland 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, Various Editors 2010 Villanova University Charles Widger School of Law

Symposium Introduction, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Law's Melody, Jack L. Sammons 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, Francis J. Mootz III 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., Adam Heder 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 …


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