Browsing HLS Scholarly Articles by Title
Now showing items 289-308 of 1911
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Constitution-Talk and Justice-Talk
(Fordham Law Review, 2001) -
Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information
(University of California Press, 2000)In late September of 1999 two committees of the House of Representatives reported to the House two radically different bills for protecting database providers. One bill, H.R. 354, is unconstitutional. The other, H.R. 1858, ... -
The Constitutional Commitment to Legislative Adjudication in the Early American Tradition
(Harvard Law Review, 1998) -
Constitutional Constraints
(California Law Review Inc., 2009)The main ambition of "Constitutional Constraints" is to open up the subject of constitutional constraints on government officials, including Presidents and Supreme Court Justices, as a topic for discussion within the field ... -
Constitutional Design in the Ancient World
(Stanford Law School, 2012)This paper identifies two distinctive features of ancient constitutional design that have largely disappeared from the modern world: constitution-making by single individuals and constitution-making by foreigners. We ... -
Constitutional Fidelity/Democratic Agency
(Fordham Law Review, 1997) -
Constitutional Hardball
(2004)This Essay develops the idea that there is a practice called constitutional hardball. The practice has three characteristics: it involves arguments and behavior by political actors (including judges, although their role ... -
The Constitutional Imaginary: Just Stories About We the People
(University of Maryland, 2012) -
The Constitutional Inevitability of Same-Sex Marriage
(University of Maryland, 2012) -
Constitutional Lawyering in the 21st Century
(Students at Brooklyn Law School, 2001) -
Constitutional Myth-Making: Lessons from the Dred Scott Case
(University of Chicago Law School, 2014-09-26) -
Constitutional Personae
(2013)American constitutional law is dominated by four Constitutional Personae, who can be identified by their inclinations, their temperaments, their sensibilities, and their self-presentations. Indeed, many constitutional ... -
Constitutional Politics and Text in the New Iraq: An Experiment in Islamic Democracy
(Fordham Law Review, 2006) -
Constitutional Showdowns
(University of Pennsylvania, 2008) -
Constitutional Workarounds
(University of Texas Law School, 2009)This Essay, forthcoming in the Texas Law Review, examines constitutional workarounds, which arise (a) when there is significant political pressure to accomplish some goal, but (b) some parts of the Constitution's text seems ... -
Constitutionalism and Secession
(University of Chicago Press, 1991)The Soviet Constitution guarantees a right to secede. The American Constitution does not. Although some secessionists in the American South, invoking state sovereignty, claimed to find an implicit right to secede in the ... -
Constitutions as "Living Trees?" Comparative Constitutional Law and Interpretive Metaphors
(Fordham Law Review, 2006) -
Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests
(2014-09-17)Increased interactions among peoples and states combined with the growth of written constitutions are creating new opportunities for “extra-territorial” forms of constitutional interpretation, that is, the interpretation ...