Browsing by Author "Fallon, Richard"
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Appraising The Significance of The Subjects and Objects of The Constitution: A Case Study in Textual and Historical Revisionism
Fallon, Richard Henry (2014)In this short Article, I shall express some grounds for respectful skepticism, both about whether Rosenkranz has proven his claims and about whether courts should decide cases on the basis of his arguments, even if judges ... -
Asking the Right Questions About Officer Immunity
Fallon, Richard Henry (Fordham Law Review, 2011) -
Claims Court at the Crossroads
Fallon, Richard Henry (2014-09-26) -
Constitutional Constraints
Fallon, Richard Henry (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 ... -
The Core Of An Uneasy Case For Judicial Review
Fallon, Richard Henry (Harvard University, Harvard Law School, 2008)The best case for judicial review in politically and morally healthy societies does not depend (as is commonly believed) on the idea that courts are more likely than legislatures to define vague rights correctly. It rests ... -
Executive Power and the Political Constitution
Fallon, Richard Henry (Utah Law Review Association, 2007) -
Fact and Fiction About Facial Challenges
Fallon, Richard Henry (California Law Review Inc., 2011)The Justices of the U.S. Supreme Court have frequently insisted that “facial challenges” to the validity of statutes are and ought to be rare. Based partly on an empirical survey of all cases decided by the Court during ... -
The Fragmentation of Standing
Fallon, Richard Henry (The University of Texas, 2015)The application of the doctrine of standing has become less and less predictable since the Supreme Court’s adoption of a tripartite test for standing in the 1970s. Professor Fallon analyzes the Court’s decisions in standing ... -
Habeas Corpus Jurisdiction, Substantive Rights, and the War on Terror
Fallon, Richard Henry; Meltzer, Daniel J. (Harvard University, Harvard Law School, 2007)This Article provides a broad-lens, synoptic perspective on war-on-terrorism questions arising within the habeas corpus jurisdiction of the federal courts. Analytically, it develops a clear framework for sorting out the ... -
How to Choose a Constitutional Theory
Fallon, Richard Henry (California Law Review Inc., 1999) -
Interpreting Presidential Powers
Fallon, Richard Henry (Duke University School of Law, 2013)Justice Holmes famously observed that "[g]reat cases . . . make bad law." The problem may be especially acute in the domain of national security, where presidents frequently interpret their own powers without judicial ... -
Is Moral Reasoning Conceptual Interpretation
Fallon, Richard Henry (The Boston University School of Law, 2010) -
Jurisdiction-Stripping Reconsidered
Fallon, Richard Henry (Virginia Law Review Association, 2010)The literature exploring Congress’s power to “strip” jurisdiction from the federal courts has focused too narrowly on the text and original understanding of Article III. Even when analysis can profitably begin there, it ... -
Legitimacy and the Constitution
Fallon, Richard Henry (Harvard University, Harvard Law School, 2005) -
Marbury and the Constitutional Mind: A Bicentennial Essay on the Wages of Doctrinal Tension
Fallon, Richard Henry (California Law Review Inc., 2003) -
Panel I: Legal Issues in Sports Security
Fallon, Richard Henry; Ahlerich, Milton; Siegel, Norman; Squires, William; Zoubek, Paul; Freedman, Laura (2003) -
Reflections on Dworkin and the Two Faces of Law
Fallon, Richard Henry (1993) -
Ruminations on the Work of Frederick Schauer
Fallon, Richard Henry (1997) -
Scholars' Briefs and the Vocation of the Law Professor
Fallon, Richard Henry (2011) -
Strict Judicial Scrutiny
Fallon, Richard Henry (University of California, 2007)The history and practice of strict judicial scrutiny are widely misunderstood. Historically, the modern strict scrutiny formula did not emerge until the 1960s, when it took root simultaneously in a number of doctrinal ...