Mark D. Rosen

Chicago-Kent College of Law - Illinois Institute of Technology

Professor and Frehling Scholar

565 W. Adams St.

Chicago, IL 60661-3691

United States

SCHOLARLY PAPERS

18

DOWNLOADS
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Top 20,215

in Total Papers Downloads

1,792

CITATIONS
Rank 19,329

SSRN RANKINGS

Top 19,329

in Total Papers Citations

16

Scholarly Papers (18)

1.

Was Shelley v. Kraemer Incorrectly Decided? Some New Answers

California Law Review, Vol. 94, Spring 2007
Number of pages: 59 Posted: 20 Apr 2006
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 185 (119,393)
Citation 1

Abstract:

Constitutional Law, Jurisprudence, Legal History, Property

2.

Why the Defense of Marriage Act is Not (Yet?) Unconstitutional: Lawrence, Full Faith and Credit, and the Many Societal Actors that Determine What the Constitution Requires

Minnesota Law Review, Vol. 90, Spring 2006
Number of pages: 87 Posted: 01 May 2006
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 179 (125,102)
Citation 1

Abstract:

Constitutional Law, Jurisprudence, Conflict of Laws

3.

Exporting the Constitution

Emory Law Journal, Vol. 53, p. 171, 2004
Number of pages: 54 Posted: 16 Jun 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 166 (140,000)

Abstract:

American, Constitution, Federal, International

4.

The Surprisingly Strong Case For Tailoring Constitutional Principles

University of Pennsylvania Law Review, Vol. 153, No. 3, 2005
Number of pages: 134 Posted: 03 Jun 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 149 (153,450)
Citation 4

Abstract:

Constitutional law, states, federalism

5.

Should 'Un-American Foreign' Judgments be Enforced?

Minnesota Law Review, Vol. 88, No. 4, p. 783, 2004
Number of pages: 86 Posted: 09 Jun 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 134 (162,562)
Citation 3

Abstract:

Constitution, Federal, First Amendment, International, Rawls, game theory

6.

Religious Institutions, Liberal States, and the Political Architecture of Overlapping Spheres

University of Illinois Law Review, Forthcoming, Chicago-Kent College of Law Research Paper No. 2013-20
Number of pages: 71 Posted: 20 Apr 2013 Last Revised: 09 May 2013
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 99 (200,512)

Abstract:

constitutional law, religion, states, political theory, Affordable Care Act, autonomy, jurisdiction, ministerial exception, Religious Institution Principle, John Rawls, philosophy

7.

What Has Happened to the Common Law? - Recent American Codifications, and Their Impact on Judicial Practice and the Law's Subsequent Growth

Wisconsin Law Review, 1994
Number of pages: 168 Posted: 10 Aug 2005
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 96 (192,717)
Citation 2

Abstract:

Codification, common law, constitutional law

8.

Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case

UCLA Law Review, Vol. 61, p. 66, 2013, Chicago-Kent College of Law Research Paper No. 2013-15
Number of pages: 80 Posted: 16 Mar 2013 Last Revised: 12 Dec 2013
Mark D. Rosen and Christopher W. Schmidt
Chicago-Kent College of Law - Illinois Institute of Technology and Chicago-Kent College of Law
Downloads 94 (195,314)

Abstract:

Constitutional Law, Affordable Care Act, NFIB, Popular Constitutionalism, Supreme Court, Limiting Principles, Broccoli, Hypotheticals, Localist Reasoning

9.

'Hard' or 'Soft' Pluralism? Positive, Normative, and Institutional Considerations of States' Extraterritorial Powers

St. Louis University Law Journal, Vol. 51, p. 713, 2007
Number of pages: 48 Posted: 30 Jul 2007
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 89 (219,147)

Abstract:

Constitution, states, federalism, pluralism, abortion

10.

Revisiting Youngstown: Against the View that Jackson's Concurrence Resolves the Relation between Congress and the Commander-in-Chief

UCLA Law Review, Vol. 54, p. 1, 2007
Number of pages: 44 Posted: 28 Jul 2007
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 84 (230,213)
Citation 1

Abstract:

Constitution, separation of powers, commander-in-chief, Youngstown, Jackson, national security

11.

Extraterritoriality and Political Heterogeneity in American Federalism

University of Pennsylvania Law Review, Vol. 15, p. 855, 2002
Number of pages: 108 Posted: 22 Sep 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 84 (225,362)
Citation 1

Abstract:

Dormant Commerce Clause, Extraterritoriality, State Jurisdiction

12.

The Radical Possibility of Limited Community-Based Interpretation of the Constitution

William & Mary Law Review, Vol. 43, 2002
Number of pages: 84 Posted: 14 Sep 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 61 (274,686)

Abstract:

State government, Local government, Congressional authority, Native American, Tribal courts

13.

Choice-of-Law as Non-Constitutional Federal Law

Minnesota Law Review, Vol. 99, p. 1017, 2015, Chicago-Kent College of Law Research Paper No. 2015-03
Number of pages: 96 Posted: 11 Feb 2015 Last Revised: 25 Feb 2015
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 57 (272,421)

Abstract:

choice-of-law, conflict of laws, state law, federal law, federalism, Klaxon, Erie, Full Faith and Credit Act, Rules of Decision Act

14.

The Outer Limits of Community Self-Governance in Residential Associations, Municipalities and Indian Country: A Liberal Theory

Virginia Law Review, Vol. 84, p. 1053, 1998
Number of pages: 92 Posted: 13 Oct 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 55 (286,271)
Citation 2

Abstract:

Constitutionalism, Cultural ideology, First Amendment, Native American, Rawlsian

15.

The Educational Autonomy of Perfectionist Religious Groups in a Liberal State

1 Journal of Law, Religion & State 16 (2012), Chicago-Kent College of Law Research Paper
Number of pages: 29 Posted: 11 Dec 2012 Last Revised: 12 Dec 2012
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 45 (309,222)

Abstract:

Rawls, Political Liberalism, political conception of the person, federalism, perfectionism, education, exit, Kymlicka, Sen, Waldron

16.

Our Nonuniform Constitution: Geographical Variations of Constitutional Requirements in the Aid of Community

Texas Law Review, Vol. 77, No. 5, 1999
Number of pages: 66 Posted: 15 Oct 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 32 (362,499)
Citation 1

Abstract:

Constituionalism, geographic and political jurisdiction, nonuniformity, regulation

17.

When are Constitutional Rights Non-Absolute? McCutcheon, Conflicts, and the Sufficiency Question

William & Mary Law Review, Vol. 56, No. 1535, 2015, Chicago-Kent College of Law Research Paper No. 2015-06
Number of pages: 77 Posted: 27 Mar 2015 Last Revised: 18 Apr 2015
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 30 (303,821)

Abstract:

constitutional law, constitutional rights, First Amendment, election law, Supreme Court, McCutcheon v. FEC, sufficiency, rights absolutism

18.

Two Ways of Conceptualizing the Relationship between Equality and Religious Freedom

5 Journal of Law, Religion & State __ (2016)
Posted: 28 Feb 2016
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology

Abstract:

constitutional law, equality, religious freedom, same-sex rights, conflicts, jurisprudence, religion, incommensurability, institutional design, Alexy, Waldron, balancing, proportionality, pluralism