Browsing by Subject "constitutional law"

Now showing items 1-12 of 12

    • Can the States Keep Secrets From the Federal Government? 
      Mikos, Robert A. (University of Pennsylvania Law Review, 2012)
      States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It ...
    • The Due Process and Other Constitutional Rights of Foreign Nations 
      Wuerth, Ingrid (Fordham Law Review, 2019)
      The rights of foreign states under the U.S. Constitution are becoming more important as the actions of foreign states and foreign state-owned enterprises expand in scope and the legislative protections to which they are ...
    • The Enacted Purposes Canon 
      Stack, Kevin M. (Iowa Law Review, 2019)
      This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...
    • The Federal Court System 
      George, Tracey E.; Yoon, Albert H. (Saint Louis University Law Journal, 2003)
      We applaud Professor Merrill's bold and noteworthy effort to engage in a dialogue with political scientists who study the Supreme Court. He navigates a substantial body of social science scholarship largely ignored by legal ...
    • Federalism Anew 
      Mayeux, Sara; Tani, Karen (American Journal of Legal History, 2016)
      One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused ...
    • The Imaginary Constitution 
      Sherry, Suzanna (Georgetown Journal of Law & Public Policy, 2019)
      How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line ...
    • Immigration Enforcement and the Fugitive Slave Acts 
      McKanders, Karla Mari (Catholic University Law Review, 2012)
      Two seemingly different federal enforcement systems that affect the movement of unskilled workers — the 1793 and 1850 Fugitive Slave Acts and current state immigration enforcement policies — have remarkable similarities. ...
    • Making Preemption Less Palatable 
      Mikos, Robert A. (George Washington Law Review, 2017)
      Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state ...
    • Standing for Nothing 
      Mikos, Robert A. (Notre Dame Law Review, 2019)
      A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever ...
    • Still in Exile? The Current Status of the Contract Clause 
      Ely, James Jr. (Brigham-Kanner Property Rights Conference Journal, 2019)
      The Contract Clause is no longer the subject of much judicial solicitude or academic interest.' Since the 1930s the once potent Contract Clause has been largely relegated to the outer reaches of constitutional law.2 This, ...
    • Term Limits and Turmoil: Roe v. Wade's "Whiplash" 
      Sherry, Suzanna (Texas Law Review, 2019)
      A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing ...
    • "The Threes": Re-Imagining Supreme Court Decisionmaking 
      Guthrie, Chris; George, Tracey E. (Vanderbilt Law Review, 2008)
      In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decisionmaking. We recognize, of course, that this ...