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

  • Chicago-Kent College of Law - Illinois Institute of Technology

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    • Tel: 312-906-5132
SCHOLARLY PAPERS

18

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Scholarly Papers (18)

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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 247 (198,432)

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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 201 (241,036)

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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 195 (247,782)

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American, Constitution, Federal, International

4.

The Surprisingly Strong Case for Tailoring Constitutional Principles

Number of pages: 134 Posted: 03 Jun 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 178 (268,578)

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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 158 (297,494)

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

6.

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 149 (312,276)

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

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 133 (341,507)

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Codification, common law, constitutional law

8.

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 130 (347,447)
Citation 1

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

9.

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 129 (349,483)

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

10.

Extraterritoriality and Political Heterogeneity in American Federalism

Number of pages: 108 Posted: 22 Sep 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 128 (351,483)

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Dormant Commerce Clause, Extraterritoriality, State Jurisdiction

11.

'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 123 (362,090)
Citation 1

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Constitution, states, federalism, pluralism, abortion

12.

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 100 (419,615)

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

13.

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

Number of pages: 92 Posted: 13 Oct 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 95 (433,957)
Citation 2

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

14.

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 92 (442,939)

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

15.

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 78 (489,513)

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

16.

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 66 (536,349)

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

17.

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

Number of pages: 66 Posted: 15 Oct 2004
Mark D. Rosen
Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 63 (549,294)
Citation 1

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Constituionalism, geographic and political jurisdiction, nonuniformity, regulation

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

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