Browsing by Subject "Constitutional law -- United States"
Now showing items 1-20 of 40
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(Case Western Reserve Law Review, 1996)Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
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(University of Chicago Law Review, 2009)The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to ...
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(Virginia Law Review, 1986)What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision ...
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(New York University Journal of law & Liberty, 2014)As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts ...
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(Cornell Law Review, 2017)Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...
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(Harvard Law Review, 2001)This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
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(Vanderbilt News Service, 2005-09-22)
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(Virginia Law Review, 2012)Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
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(Constitutional Commentary, 2008)Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the ...
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(Harvard Law Review Forum, 2011)This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality ...
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(William & Mary Law Review, 2015)This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent ...
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(Vanderbilt Law Review En Banc, 2013)Forget hard cases: "bad" cases make bad law. DaimlerChrysler Corp. v. Bauman, which never should have been filed in a California federal court, has the potential to make very bad law. It is a paradigmatic example of egregious ...
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(Texas Law Review, 2016)In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional ...
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(Journal of Contemporary Legal Issues, 1996)I have argued that the government may not single out any irrational beliefs for preferential treatment, nor is it required to treat alternative epistemologies as favorably as Enlightenment rationality. Both history ...
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(California Law Review, 2007)This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact ...
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(University of Chicago Law Review, 1987)In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
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(Cardozo Law Review, 2011)Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct ...
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(Constitutional Commentary, 1989)GENDER JUSTICE is an avowedly liberal tract on the problems of gender discrimination in our society. It seeks to provide an alternative to the visions of both conservatives and radical feminists. The book fails in its ...
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(Northwestern University Law Review, 2004)Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...
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(Cornell Law Review, 2017)Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...