Article - The Yale Law Journal
... Accountability: Reconciling Exit, Voice, and Loyalty in Representative Litigation, 100 COLUM. L. REV. 370, 375-76 (2000) [hereinafter Coffee, Class Action Accountability]. I focus in this Article on the principal-agent relationship that dominates administrative law, rather than corporate law, not be ...
... Accountability: Reconciling Exit, Voice, and Loyalty in Representative Litigation, 100 COLUM. L. REV. 370, 375-76 (2000) [hereinafter Coffee, Class Action Accountability]. I focus in this Article on the principal-agent relationship that dominates administrative law, rather than corporate law, not be ...
no competing theory of constitutional interpretation justifies
... Section II of this article reviews the theoretical and historical background of regulatory takings. Section III explains the three competing theories of constitutional interpretation —textualism, originalism, and evolutionary document—and argues that, independent of the line of interpretation that o ...
... Section II of this article reviews the theoretical and historical background of regulatory takings. Section III explains the three competing theories of constitutional interpretation —textualism, originalism, and evolutionary document—and argues that, independent of the line of interpretation that o ...
The Judicial Legacy of Louis Brandeis and the Nature of American
... unacknowledged influence over the Court’s decisions when his internal advocacy among the Justices led them to alter their final opinions and judgments.15 He was a leader in establishing legislative history as an important source of judicial reasoning,16 and he was the first Justice to cite law revie ...
... unacknowledged influence over the Court’s decisions when his internal advocacy among the Justices led them to alter their final opinions and judgments.15 He was a leader in establishing legislative history as an important source of judicial reasoning,16 and he was the first Justice to cite law revie ...
Untitled - Garden State Legacy
... Virginia Plan, crafted by James Madison and his large-state colleagues from Virginia and Pennsylvania, which formed the basis of the Convention’s work, would threaten New Jersey’s vital interests by creating a two-house national legislature based on proportional representation in both houses, armed ...
... Virginia Plan, crafted by James Madison and his large-state colleagues from Virginia and Pennsylvania, which formed the basis of the Convention’s work, would threaten New Jersey’s vital interests by creating a two-house national legislature based on proportional representation in both houses, armed ...
From Left to Rights: Civil Liberties Lawyering Between the
... long castigated, invoking the Supreme Court’s halting defense of civil liberties as a justification for judicial review. Yet the vision that triumphed within and outside the courts was double-edged. As the levers of power shifted, so too did the beneficiaries of free speech and personal rights. The ...
... long castigated, invoking the Supreme Court’s halting defense of civil liberties as a justification for judicial review. Yet the vision that triumphed within and outside the courts was double-edged. As the levers of power shifted, so too did the beneficiaries of free speech and personal rights. The ...
From Left to Rights: Civil Liberties Laywering between the World Wars
... sought a constitutional amendment authorizing Congress to override Supreme Court decisions that invalidated its democratically enacted statutes. That is, La Follette sought to abolish judicial review of congressional legislation. And the newly established American Civil Liberties Union, which would ...
... sought a constitutional amendment authorizing Congress to override Supreme Court decisions that invalidated its democratically enacted statutes. That is, La Follette sought to abolish judicial review of congressional legislation. And the newly established American Civil Liberties Union, which would ...
Thinking about Habeas Corpus - Scholarly Commons
... Act intended on many specific questions, 2 8 there is consensus that the law was based on a distrust of southern states and was designed to allow federal courts to especially protect former slaves from unconstitutional confinement. The Supreme Court, shortly after the adoption of the Act, noted that ...
... Act intended on many specific questions, 2 8 there is consensus that the law was based on a distrust of southern states and was designed to allow federal courts to especially protect former slaves from unconstitutional confinement. The Supreme Court, shortly after the adoption of the Act, noted that ...
Sundays Excepted - The University of Alabama | School of Law
... discussed below, the debates of the Constitutional Convention in Philadelphia provide hardly any hints as to the purposes of the Sunday exception.13 A careful review of the almost forty state constitutions that contain Sunday exceptions—all enacted after the federal Constitution’s Sunday exception— ...
... discussed below, the debates of the Constitutional Convention in Philadelphia provide hardly any hints as to the purposes of the Sunday exception.13 A careful review of the almost forty state constitutions that contain Sunday exceptions—all enacted after the federal Constitution’s Sunday exception— ...
lochner, liberty of contract, and paternalism
... Bruce P. Frohnen, Is Constitutionalism Liberal? 33 CAMPBELL L. REV. 529, 539 (2011) (suggesting such currents are supported by Supreme Court decision-making during the early 19th Century). ...
... Bruce P. Frohnen, Is Constitutionalism Liberal? 33 CAMPBELL L. REV. 529, 539 (2011) (suggesting such currents are supported by Supreme Court decision-making during the early 19th Century). ...
The Metes and Bounds of State Sovereign Immunity
... of this portion, depends on the instrument by which the surrender is made. If, upon a just construction of that instrument, it shall appear that the State has submitted to be sued, then it has parted with this sovereign right of judging in every case on the justice of its own pretensions, and has en ...
... of this portion, depends on the instrument by which the surrender is made. If, upon a just construction of that instrument, it shall appear that the State has submitted to be sued, then it has parted with this sovereign right of judging in every case on the justice of its own pretensions, and has en ...
The Success of Constitutionalism in the United States and Its Failure
... dent in an effort to prevent a strike from disrupting the Korean War effort.1 s The independence, forcefulness, and incorruptibility with which the U.S. Supreme Court has played its role as guardian of the Constitution has been unmatched by any other institution in the world. From the Constitution's ...
... dent in an effort to prevent a strike from disrupting the Korean War effort.1 s The independence, forcefulness, and incorruptibility with which the U.S. Supreme Court has played its role as guardian of the Constitution has been unmatched by any other institution in the world. From the Constitution's ...
Preview Sample 1
... A. for Bad Frog because children cannot purchase beer, so any exposure would be incidental. B. for Bad Frog because the label did not concern an unlawful activity and the state did not prove its interest in protecting children from vulgarity. C. for New York State because once the product was purcha ...
... A. for Bad Frog because children cannot purchase beer, so any exposure would be incidental. B. for Bad Frog because the label did not concern an unlawful activity and the state did not prove its interest in protecting children from vulgarity. C. for New York State because once the product was purcha ...
The Rule that Proves the Exception: A Constitutional State of
... moment. Considering the fact that the Constitution has given them virtually no guidance, our judges have done an admirable job in attempting to answer these very difficult and often timesensitive questions. However, in periods of national emergency—perhaps more visibly than at any other juncture—jud ...
... moment. Considering the fact that the Constitution has given them virtually no guidance, our judges have done an admirable job in attempting to answer these very difficult and often timesensitive questions. However, in periods of national emergency—perhaps more visibly than at any other juncture—jud ...
The Hazards of Proposals to Limit the Tenure of
... grave, inspired proposals for limitations upon the tenure of federal judges. As early as 1807 and 1808, three proposed amendments were introduced in Congress to limit the number of years that federal judges would serve. 20 During the early 1820s, Thomas Jefferson advocated a constitutional amendment ...
... grave, inspired proposals for limitations upon the tenure of federal judges. As early as 1807 and 1808, three proposed amendments were introduced in Congress to limit the number of years that federal judges would serve. 20 During the early 1820s, Thomas Jefferson advocated a constitutional amendment ...
Understanding the Illinois Constitution
... Handbook of Illinois Government (available from the Illinois Secretary of State). Understanding the Illinois Constitution is designed for use as a supplemental text in history or government courses. It was written with the assumption the reader would have some familiarity with the United States Cons ...
... Handbook of Illinois Government (available from the Illinois Secretary of State). Understanding the Illinois Constitution is designed for use as a supplemental text in history or government courses. It was written with the assumption the reader would have some familiarity with the United States Cons ...
Con_Law_1-_Mystery_Prof2
... B- The prohibition on advisory opinions (CB 49-50): the court will not get involved a priori in determining whether a law is unconstitutional. The law must be challenged before SCOTUS can review it, as an appellate court of last resort. Some state courts are given that right though. It could save ...
... B- The prohibition on advisory opinions (CB 49-50): the court will not get involved a priori in determining whether a law is unconstitutional. The law must be challenged before SCOTUS can review it, as an appellate court of last resort. Some state courts are given that right though. It could save ...
The Living Constitution of Ancient Athens
... Everson trans., Cambridge University Press 1996). Whether The Constitution of the Athenians is an authentic work of Aristotle, or was written by one of his students, has been subject to debate. Id. at xii. ...
... Everson trans., Cambridge University Press 1996). Whether The Constitution of the Athenians is an authentic work of Aristotle, or was written by one of his students, has been subject to debate. Id. at xii. ...
The Subjects of the Constitution
... Constitution prohibits not objects but actions. Judicial review is the review of such actions. And actions require actors: verbs require subjects. So before judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin ...
... Constitution prohibits not objects but actions. Judicial review is the review of such actions. And actions require actors: verbs require subjects. So before judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin ...
Judicial Activism: The Indian Experience
... different meanings and sometimes the concepts behind the statutory language require interpretation. This may involve liberal interpretation or one of the more plausible methods of interpretation. When a judge interprets a constitution, which is an organic law, the scope of choice is much wider. A co ...
... different meanings and sometimes the concepts behind the statutory language require interpretation. This may involve liberal interpretation or one of the more plausible methods of interpretation. When a judge interprets a constitution, which is an organic law, the scope of choice is much wider. A co ...
Constitutional Incorporation - [email protected] Carey Law
... to a prior interpretation of the parallel federal provision by the U.S. Supreme Court.7 Interpretive questions are also presented in these cases, at least to the extent that historical, textual, structural, or other interpretive strategies offer the state court an opportunity to draw conclusions tha ...
... to a prior interpretation of the parallel federal provision by the U.S. Supreme Court.7 Interpretive questions are also presented in these cases, at least to the extent that historical, textual, structural, or other interpretive strategies offer the state court an opportunity to draw conclusions tha ...
Currie 9 (2002)
... b. What is your duty to do your duty? Circular reasoning…. 2. Article III—arising under the constitution jurisdiction. Cts decide cases or controversies, and part of that deciding involves choosing the law that governs a case. And if it decides cases arising under the constitution, then they get to ...
... b. What is your duty to do your duty? Circular reasoning…. 2. Article III—arising under the constitution jurisdiction. Cts decide cases or controversies, and part of that deciding involves choosing the law that governs a case. And if it decides cases arising under the constitution, then they get to ...
THE DUBIOUS ORIGIN OF THE FOURTEENTH AMENDMENT*
... it is significant that Article V, as evolved and adopted, contains a safeguard against what Mason apprehended—a power in Congress to completely block an amendment proposal. This safeguard against possible Congressional obstruction appears in the provision that two-thirds of the States may by-pass a ...
... it is significant that Article V, as evolved and adopted, contains a safeguard against what Mason apprehended—a power in Congress to completely block an amendment proposal. This safeguard against possible Congressional obstruction appears in the provision that two-thirds of the States may by-pass a ...
The Seven Pillars of Centralism: Federalism and the Engineers` Case
... to the States by s.107, as no clear words to the contrary appeared.18 The same result was reached in Huddart Parker & Co v. Moorehead, again with specific reference to s.107. 19 The result of this doctrine was that Commonwealth powers were in general construed relatively narrowly (at least by subseq ...
... to the States by s.107, as no clear words to the contrary appeared.18 The same result was reached in Huddart Parker & Co v. Moorehead, again with specific reference to s.107. 19 The result of this doctrine was that Commonwealth powers were in general construed relatively narrowly (at least by subseq ...
March 10, 2015
... congressional outreach will be particularly important in the upcoming appropriations cycle because of membership changes in the 114th Congress on the House and Senate Appropriations Committees and their Financial Services and General Government appropriations subcommittees. The Committee recommended ...
... congressional outreach will be particularly important in the upcoming appropriations cycle because of membership changes in the 114th Congress on the House and Senate Appropriations Committees and their Financial Services and General Government appropriations subcommittees. The Committee recommended ...
Interpreting the Illinois Constitution: Illinois Supreme Court Plays
... a federal trial, the court refused to hold a state's practice of permitting such comments unconstitutional under the fourteenth amendment); Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (federal courts in diversity actions must recognize and base their decisions on applicable state law rather th ...
... a federal trial, the court refused to hold a state's practice of permitting such comments unconstitutional under the fourteenth amendment); Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (federal courts in diversity actions must recognize and base their decisions on applicable state law rather th ...
Judicial review in the United States
Judicial Review in the United States is the ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define a power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States: In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a ""carriage tax"". The Court engaged in the process of judicial review by examining the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the Carriage Act was not unconstitutional. In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review to strike down a law as unconstitutional. At the end of his opinion in this decision, Chief Justice John Marshall maintained that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution as instructed in Article Six of the Constitution.As of 2014, the United States Supreme Court has held 176 Acts of the U.S. Congress unconstitutional.