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U.S. Constitutional Law: Interpretation & Judicial Review eJournal

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Viewing: 1 - 50 of 4,395 papers

1.

Constitutional Curiosities: a Twenty-One Question Scavenger Hunt

Minnesota Legal Studies Research Paper No. 06-45
Number of pages: 8 Posted: 08 Sep 2006
Working Paper Series
Michigan State University - College of Law
Downloads 6,765
2.

The Subjects of the Constitution

Stanford Law Review, Vol. 62, No. 5, 2010, Georgetown Public Law Research Paper No. 10-25
Number of pages: 85 Posted: 18 May 2010 Last Revised: 25 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads 5,432
3.

The Second Amendment as Ordinary Constitutional Law

Tennessee Law Review, Vol. 81, p. 409, 2014, University of Tennessee Legal Studies Research Paper No. 244
Number of pages: 10 Posted: 11 Apr 2014 Last Revised: 11 Jun 2014
Accepted Paper Series
University of Tennessee College of Law
Downloads 5,414
4.

Second Amendment Penumbras: Some Preliminary Observations (Final)

Southern California Law Review, Vol. 85, No. 247, 2012, University of Tennessee Legal Studies Research Paper No. 169
Number of pages: 14 Posted: 11 Feb 2012 Last Revised: 22 Feb 2012
Working Paper Series
University of Tennessee College of Law
Downloads 4,740
5.

Gödel’s Loophole

Capital University Law Review, vol. 41 (2013), pp. 637-673
Number of pages: 37 Posted: 23 Feb 2012 Last Revised: 18 Dec 2013
Accepted Paper Series
University of Central Florida
Downloads 4,355
6.

Abortion and Original Meaning

Constitutional Commentary, Vol. 24, No. 101, 2007, Yale Law School, Public Law Working Paper No. 128
Number of pages: 62 Posted: 21 Aug 2006 Last Revised: 14 Apr 2008
Accepted Paper Series
Yale University - Law School
Downloads 4,250
7.

Divine Operating System

Tennessee Law Review, Vol. 78, p. 651, 2011, University of Tennessee Legal Studies Research Paper No. 155
Number of pages: 12 Posted: 12 Jun 2011 Last Revised: 08 Sep 2011
Working Paper Series
University of Tennessee College of Law
Downloads 4,185
8.

The Natural Born Citizen Clause as Originally Understood

Catholic University Law Review, v. 64, no. 2 (2015), Widener Law School Legal Studies Research Paper No. 14-21
Number of pages: 43 Posted: 04 Jun 2014 Last Revised: 20 Jan 2016
Accepted Paper Series
Widener University Delaware Law School
Downloads 4,087
9.

The Ninth Amendment: It Means What It Says

Texas Law Review, Vol. 85, No. 1, 2006, Boston Univ. School of Law Working Paper No. 05-14
Number of pages: 83 Posted: 25 Aug 2005
Accepted Paper Series
Georgetown University Law Center
Downloads 3,725
10.

Semantic Originalism

Illinois Public Law Research Paper No. 07-24
Number of pages: 176 Posted: 16 Apr 2008 Last Revised: 25 Nov 2008
Working Paper Series
Georgetown University Law Center
Downloads 3,593
11.

Precedent

Number of pages: 25 Posted: 16 May 2011
Working Paper Series
University of Virginia School of Law
Downloads 3,387
12.

Scalia's Infidelity: A Critique of Faint-Hearted Originalism

University of Cincinnati Law Review, Vol. 75, No. 7, 2006, Boston University School of Law Working Paper No. 06-01, Georgetown Public Law Research Paper No. 880112
Number of pages: 19 Posted: 01 Feb 2006
Accepted Paper Series
Georgetown University Law Center
Downloads 3,180
13.

What is the Rule of Recognition (and Does it Exist)?

THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler, Kenneth Himma, eds., Oxford University Press, 2009, Yale Law School, Public Law Working Paper No. 184
Number of pages: 34 Posted: 23 Nov 2008 Last Revised: 03 Feb 2009
Accepted Paper Series
Yale University - Law School
Downloads 2,951
14.

How to Stop Worrying and Learn to Love the Second Amendment: A Reply to Professor Magarian

Texas Law Review, Vol. 91, p. 89, 2013, University of Tennessee Legal Studies Research Paper No. 213
Number of pages: 14 Posted: 17 May 2013 Last Revised: 17 Jun 2013
Accepted Paper Series
University of Tennessee College of Law and Samford University - Cumberland School of Law
Downloads 2,872
15.

A Theory of Judicial Power and Judicial Review

Georgetown Law Journal, Vol. 97, p. 723, 2009, San Diego Legal Studies Paper No. 08-013, Washington U. School of Law Working Paper No. 08-10-03
Number of pages: 79 Posted: 24 Mar 2008 Last Revised: 20 Mar 2009
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 2,726
16.

Soft Law

Stanford Law Review, Forthcoming, U of Chicago, Public Law and Legal Theory Working Paper No. 213
Number of pages: 51 Posted: 29 Mar 2008
Accepted Paper Series
Harvard University and University of Chicago - Law School
Downloads 2,472
17.

What is Originalism? The Evolution of Contemporary Originalist Theory

Number of pages: 41 Posted: 02 May 2011
Working Paper Series
Georgetown University Law Center
Downloads 2,330
18.

Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts

Vanderbilt Law Review, Vol. 59, p. 793, 2006, UCLA School of Law Research Paper No. 06-14
Number of pages: 80 Posted: 18 Apr 2006
Accepted Paper Series
University of California, Los Angeles (UCLA) - School of Law
Downloads 2,187
19.

Democracy, Anti-Democracy, and the Canon

Constitutional Commentary, Vol. 17, 2000
Number of pages: 25 Posted: 13 Jul 2000 Last Revised: 18 Oct 2013
Accepted Paper Series
New York University School of Law
Downloads 2,096
20.

A Thought Experiment

Georgetown Public Law Research Paper No. 13-021
Number of pages: 3 Posted: 09 Mar 2013
Accepted Paper Series
Georgetown University Law Center
Downloads 2,075
21.

Is Qualified Immunity Unlawful?

106 California Law Review (2018 Forthcoming), U of Chicago, Public Law Working Paper No. 610
Number of pages: 45 Posted: 11 Jan 2017 Last Revised: 28 Mar 2017
Accepted Paper Series
University of Chicago - Law School
Downloads 2,070
22.

The Foreign Emoluments Clause and the Chief Executive

Minnesota Law Review, Vol. 102, December 2017, U Iowa Legal Studies Research Paper No. 2017-15
Number of pages: 60 Posted: 20 Jan 2017 Last Revised: 18 Aug 2017
Accepted Paper Series
University of Iowa - College of Law
Downloads 1,968
23.

The Trouble with Amicus Facts

Virginia Law Review, Vol. 100 (2014), William & Mary Law School Research Paper No. 09-273
Number of pages: 63 Posted: 15 Mar 2014 Last Revised: 09 Dec 2014
Accepted Paper Series
William & Mary Law School
Downloads 1,890
24.

Original Meaning and Constitutional Redemption

Constitutional Commentary, Vol. 24, 2007, Yale Law School, Public Law Working Paper No. 140
Number of pages: 106 Posted: 18 May 2007 Last Revised: 14 Apr 2008
Accepted Paper Series
Yale University - Law School
Downloads 1,841
25.

Framework Originalism and the Living Constitution

Northwestern University Law Review, 2009
Number of pages: 94 Posted: 27 Oct 2008 Last Revised: 26 Feb 2009
Accepted Paper Series
Yale University - Law School
Downloads 1,824
26.

The Interpretation-Construction Distinction

Constitutional Commentary, Vol. 27, pp. 95-118, 2010, Georgetown Public Law Research Paper No. 11-95
Number of pages: 24 Posted: 23 Jun 2011 Last Revised: 25 Jan 2012
Accepted Paper Series
Georgetown University Law Center
Downloads 1,811
27.

Originalism is Bunk

Number of pages: 96 Posted: 28 Dec 2007 Last Revised: 09 Sep 2009
Working Paper Series
University of Pennsylvania Law School
Downloads 1,790
28.

Constitutionalism and Democracy: Understanding the Relationship

THE IDEA OF CONSTITUTIONALISM, Steven Kautz, Arthur Melzer, Jerry Weinberger and M. Richard Zinman, eds., University of Pennsylvania Press, Forthcoming, San Diego Legal Studies Paper No. 07-121
Number of pages: 15 Posted: 09 Nov 2007
Accepted Paper Series
University of San Diego School of Law
Downloads 1,770
29.

The Original Meaning of 'Natural Born'

Number of pages: 39 Posted: 09 Jan 2016 Last Revised: 12 Feb 2016
Working Paper Series
University of San Diego School of Law
Downloads 1,738
30.

Legal Formalism and Legal Realism: What Is the Issue?

Legal Theory, Vol. 16, No. 2, 2010, U of Chicago, Public Law Working Paper No. 320
Number of pages: 31 Posted: 26 Jul 2010 Last Revised: 02 Sep 2010
Accepted Paper Series
University of Chicago
Downloads 1,728
31.

Roe Rage: Democratic Constitutionalism and Backlash

Harvard Civil Rights-Civil Liberties Law Review, 2007, Yale Law School, Public Law Working Paper No. 131
Number of pages: 67 Posted: 04 Jun 2007
Accepted Paper Series
Yale Law School and Yale University - Law School
Downloads 1,708
32.

Originalism and the Natural Born Citizen Clause

Illinois Public Law Research Paper No. 08-17
Number of pages: 12 Posted: 08 Sep 2008 Last Revised: 18 Apr 2010
Working Paper Series
Georgetown University Law Center
Downloads 1,700
33.

Split Definitive: How Party Polarization Turned the Supreme Court into a Partisan Court

Supreme Court Review, Forthcoming
Number of pages: 66 Posted: 03 May 2014 Last Revised: 31 Jan 2017
Accepted Paper Series
William & Mary Law School and Ohio State University (OSU) - Department of Political Science
Downloads 1,688
35.

Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment

Georgetown Public Law Research Paper No. 10-06, The Journal of Legal Analysis, Vol. 3, 2011
Number of pages: 101 Posted: 20 Jan 2010 Last Revised: 28 Oct 2015
Accepted Paper Series
Georgetown University Law Center
Downloads 1,677
36.

The Jurisprudence of Justice Antonin Scalia: A Response to Professor Bruce Allen Murphy and Professor Justin Driver

Northwestern Law & Econ Research Paper No. 15-05, Northwestern Public Law Research Paper No. 15-10
Number of pages: 58 Posted: 25 Feb 2015 Last Revised: 29 Apr 2015
Working Paper Series
Downloads 1,638
37.

A Fragment on Shall and May

American Journal of Legal History, Vol. 50, p. 453, 2010
Number of pages: 6 Posted: 12 Nov 2007 Last Revised: 30 Mar 2017
Accepted Paper Series
Independent and National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law
Downloads 1,616
38.

The Law of Interpretation

Harvard Law Review, Vol. 130, No. 4, p. 1079, 2017, U of Chicago, Public Law Working Paper No. 583, Duke Law School Public Law & Legal Theory Series No. 2016-34
Number of pages: 69 Posted: 25 May 2016 Last Revised: 11 Feb 2017
Accepted Paper Series
University of Chicago - Law School and Duke University School of Law
Downloads 1,579
39.

The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights

University of Pennsylvania Journal of Constitutional Law, Vol. 9, No. 1, October 2006, Illinois Public Law Research Paper No. 09-21
Number of pages: 55 Posted: 28 Sep 2006
Accepted Paper Series
Georgetown University Law Center
Downloads 1,558
40.

Is Judicial Review Compatible with Democracy?

Cardozo Public Law, Policy & Ethics Journal, Vol. 6, No. 2, p. 401, 2008, Stanford Public Law Working Paper No. 1019202
Number of pages: 31 Posted: 04 Oct 2007 Last Revised: 09 Feb 2010
Accepted Paper Series
Stanford Law School
Downloads 1,486
41.

Indignation: Psychology, Politics, Law

U of Chicago Law & Economics, Olin Working Paper No. 346, NEUROBIOLOGY OF HUMAN VALUES, Jean-Pierre P. Changeux et. al., eds., 2005, U of Chicago, Public Law Working Paper No. 171
Number of pages: 28 Posted: 26 Jul 2007
Accepted Paper Series
Princeton University and Harvard Law School
Downloads 1,466
42.

Judicial Review and the Indian Courts

Number of pages: 11 Posted: 24 Jan 2012
Working Paper Series
National University of Study and Research in Law (NUSRL), Ranchi
Downloads 1,426
43.

Why Did Law Professors Misunderestimate the Lawsuits against PPACA?

2014 University of Illinois Law Review 805, Illinois Public Law Research Paper No. 13-40, Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-19
Number of pages: 34 Posted: 16 Apr 2013 Last Revised: 24 Jul 2014
Accepted Paper Series
Georgetown University
Downloads 1,419
44.

Advocacy Matters Before and Within the Supreme Court: Transforming the Court by Transforming the Bar

Georgetown Law Journal, Vol. 96, 2008, Georgetown Public Law Research Paper No. 1022629
Number of pages: 78 Posted: 19 Oct 2007 Last Revised: 24 Oct 2008
Accepted Paper Series
Georgetown University Law Center
Downloads 1,416
45.

Why Jack Balkin is Disgusting

Constitutional Commentary, Vol. 27, p. 177, 2010, Northwestern Public Law Research Paper No. 09-23, Northwestern Law & Econ Research Paper No. 09-42
Number of pages: 12 Posted: 22 Nov 2009 Last Revised: 10 May 2011
Accepted Paper Series
Downloads 1,416
46.

Why Ted Cruz Is Not a Natural Born Citizen Eligible to Be President and Why the Issue Is Not a Political Question

Harvard Public Law Working Paper No. 16-11
Number of pages: 45 Posted: 18 Mar 2016 Last Revised: 04 May 2016
Working Paper Series
Harvard Law School
Downloads 1,405
47.

The Objects of the Constitution

Stanford Law Review, Vol. 63, No. 5, 2011, Georgetown Public Law Research Paper No. 11-49
Number of pages: 67 Posted: 20 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads 1,403
48.

A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Viriginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned

83 Texas Law Review 1265-1372 (2005)
Number of pages: 108 Posted: 05 Jan 2004 Last Revised: 26 Jun 2015
Accepted Paper Series
National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law
Downloads 1,391
49.

Chevron in the Circuit Courts

Michigan Law Review, Vol. 115, Forthcoming, Ohio State Public Law Working Paper No. 359, UGA Legal Studies Research Paper 2016-27
Number of pages: 70 Posted: 13 Jul 2016 Last Revised: 11 Jan 2017
Accepted Paper Series
University of Georgia Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 1,391
50.

Three Tests for Practical Evaluation of Partisan Gerrymandering

68 Stanford Law Review 1263-1321, 2016
Number of pages: 63 Posted: 10 Oct 2015 Last Revised: 26 Jun 2016
Accepted Paper Series
Princeton University
Downloads 1,390