John A Sibley Lecture, The Shaping Of International Law,
2015
University of Georgia School of Law
John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence,
2015
University of Maryland Francis King Carey School of Law
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Maryland Law Review
No abstract provided.
Threshold Liberty,
2015
University of New Mexico School of Law
Threshold Liberty, Dawinder S. Sidhu
Cardozo Law Review
The Supreme Court's Thirteenth Amendment precedent is no longer sustainable. For starters, that precedent - which holds that the Amendment prohibits the "badges and incidents" of slavery, and that Congress has the power to "rationally" determine what constitutes a "badge or incident" of slavery - raises serious federalism and separation of powers concerns. To make matters worse, the Court itself has recently restricted the enforcement provisions of the Fourteenth Amendment (in City of Boerne v. Flores) and Fifteenth Amendment (in Shelby County v. Holder), rendering the generous bounds of the Thirteenth Amendment enforcement power an outlier among the …
Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction,
2015
Benjamin N. Cardozo School of Law
Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff
Cardozo Law Review
No abstract provided.
When Privacy Almost Won: Time, Inc. V. Hill (1967),
2015
University at Buffalo School of Law
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Journal Articles
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
Legal Epistemologies,
2015
University of Maryland Francis King Carey School of Law
Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment,
2015
Fordham Law School
Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty
Cardozo Law Review
No abstract provided.
The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court,
2015
University of Saskatchewan College of Law
The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court, Paul Finkelman
Cardozo Law Review
No abstract provided.
The Corpus Juris Civilis,
2015
William & Mary Law School
The Corpus Juris Civilis, Frederick W. Dingledy
Library Staff Publications
The Corpus Juris Civilis, created by order of Byzantine Emperor Justinian I to compile the laws in force at the time, would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States’ law used principles listed in the Corpus as a guide, and to this day legal scholars and historians still refer to it. As a system of law based on principles, not case law, the Corpus provided the framework upon which France built the Code Napoleon. The Corpus' influence can be seen in the legal systems …
Representing Interdisciplinarity,
2015
Villanova University Charles Widger School of Law
Representing Interdisciplinarity, Kunal M. Parker
Villanova Law Review (1956 - )
No abstract provided.
The Opinion Volume 48 Issue 1 – November 1, 2015,
2015
University at Buffalo School of Law
The Opinion Volume 48 Issue 1 – November 1, 2015, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November, 1, 2015
"Shouting 'Fire' In A Theater": The Life And Times Of Constitutional Law's Most Enduring Analogy,
2015
William & Mary Law School
"Shouting 'Fire' In A Theater": The Life And Times Of Constitutional Law's Most Enduring Analogy, Carlton F.W. Larson
William & Mary Bill of Rights Journal
In 1919, Justice Oliver Wendell Holmes introduced the specter of a man falsely shouting “fire” in a theater into First Amendment law. Nearly one hundred years later, this remains the most enduring analogy in constitutional law. It has been relied on in hundreds of constitutional cases, and it has permeated popular discourse on the scope of individual rights.
This Article examines both the origins and the later life of Holmes’s theater analogy. Part I is a detective story, seeking to solve the mystery of how Holmes came up with this particular example. This story takes us to the forgotten world …
The Concept Of The State In American History,
2015
University of Michigan Law School
The Concept Of The State In American History, William J. Novak
Book Chapters
Debates about the state rage in contemporary America. On the right, libertarian and tea party rhetoric fulminates about shrinking the state or shutting down the government, frequently in hyperbolic terms like the Americans for Tax Reform notion of" drowning it in a bathtub." On the left, concern about the fate of the welfare state and an ever-expanding warfare and penal state produces equally impassioned retorts. Discussion of the American state-its nature, its size, and its uncertain future-dominates the political landscape as perhaps never before.
When Congress Is Away The President Shall Not Play: Justice Scalia's Concurrence In Nlrb V. Noel Canning,
2015
Notre Dame Law School
When Congress Is Away The President Shall Not Play: Justice Scalia's Concurrence In Nlrb V. Noel Canning, Krista M. Pikus
Michigan Law Review First Impressions
On June 26, 2014, the Supreme Court unanimously decided NLRB v. Noel Canning, holding that the Recess Appointments Clause authorizes the president “to fill any existing vacancy during any recess . . . of sufficient length.” Justice Scalia filed a concurring opinion, joined by Chief Justice Roberts, Justice Thomas, and Justice Alito. While Justice Scalia “concurred,” his opinion read more like a dissent. Both the majority and the concurring opinions relied heavily on historical evidence in arriving at their respective opinions. This was expected from Justice Scalia given his method of “new originalism,” which focuses on “the original public …
Without Representation, No Taxation: Free Blacks, Taxes, And Tax Exemptions Between The Revolutionary And Civil Wars,
2015
University of Michigan Law School
Without Representation, No Taxation: Free Blacks, Taxes, And Tax Exemptions Between The Revolutionary And Civil Wars, Christopher J. Bryant
Michigan Journal of Race and Law
This Essay is the first general survey of the taxation of free Blacks in free and slave states between the Revolutionary and Civil Wars. A few states treated all equally for tax purposes, but most states enacted taxation systems that subjected free Blacks to different requirements. Both free and slave states viewed free Blacks as an undesirable population, and this Essay posits that—within the relevant political constraints—states used taxes and tax exemptions to dissuade free Black immigration and limit the opportunities for free Blacks within their borders. This topic is salient for at least two reasons. First, the Essay sheds …
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments,
2015
University of Arkansas Little Rock
Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement,
2015
Widener-University Delaware Law School
Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Canadian Constitutional Identities,
2015
University of Alberta
Canadian Constitutional Identities, Eric M. Adams
Dalhousie Law Journal
Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …
The Fallacy Of Judicial Supermajority Clauses In State Constitutions,
2015
Alexander Blewett III School of Law at the University of Montana
The Fallacy Of Judicial Supermajority Clauses In State Constitutions, Sandra B. Zellmer, Kathleen Miller
Faculty Law Review Articles
No abstract provided.
The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust,
2015
Roger Williams University School of Law
The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl Bogus
Law Faculty Scholarship
This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School's view that antitrust law should be …
