Constitutional Interpretation and Judicial Review: A Case of the Tail Wagging the Dog
M Halley - Mich. L. Rev. First Impressions, 2009 - HeinOnline
Professor John Manning's analysis of the Supreme Court's recent federalism decisions
works as a platform to further the cause of textualism. His argument fails to persuade …
works as a platform to further the cause of textualism. His argument fails to persuade …
In the Supreme Court's Shadow: Legitimacy of State Rejection of Supreme Court Reasoning and Result
RF Williams - SCL Rev., 1983 - HeinOnline
SOUTH CAROLINA LAW REVIEW Page 1 SOUTH CAROLINA LAW REVIEW VOLUME 35
SPRING 1984 NUMBER 3 IN THE SUPREME COURT'S SHADOW: LEGITIMACY OF STATE …
SPRING 1984 NUMBER 3 IN THE SUPREME COURT'S SHADOW: LEGITIMACY OF STATE …
The Art of Constitutional Interpretation
S Stewart - J. Contemp. L., 1991 - HeinOnline
In July 1985, in a speech to the American Bar Association, Attorney General Edwin Meese III
asserted his now famous," jurisprudence of original intent."" The sense in which the …
asserted his now famous," jurisprudence of original intent."" The sense in which the …
A Rhetoric for Ratification: The Argument of The Federalist and Its Impact on Constitutional Interpretation
DT Coenen - Duke LJ, 2006 - HeinOnline
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply
important information for use in constitutional argument and interpretation. In recent years …
important information for use in constitutional argument and interpretation. In recent years …
Judicial Review of the Constitution
JJ Gibbons - U. Pitt. L. Rev., 1986 - HeinOnline
The topic of this Article is approaches to judicial review. Specifically, it will examine
approaches to the doctrine that courts in general, and the United States Supreme Court in …
approaches to the doctrine that courts in general, and the United States Supreme Court in …
Louisiana Constitutional Law
J Devlin - 1987 - HeinOnline
In this bicentennial year of constitutional celebration and controversial judicial nominations,
fundamental questions concerning how courts should go about the task of construing …
fundamental questions concerning how courts should go about the task of construing …
State Court Protection of Federal Constitutional Rights
ME Solimine, JL Walker - Harv. JL & Pub. Pol'y, 1989 - HeinOnline
Since the enactment of the Constitution two hundred years ago, Americans have debated
the roles of the national and state governments. Sanctioned by the United States Supreme …
the roles of the national and state governments. Sanctioned by the United States Supreme …
Fulfilling the Goals of Michigan v. Long: The State Court Reaction
FA Rosenfeld - Fordham L. Rev., 1987 - HeinOnline
American federalism embodies a fundamental tension between the national government
and the network of sovereign states.'This tension is illustrated vividly by the continuing …
and the network of sovereign states.'This tension is illustrated vividly by the continuing …
Reverse Incorporation of State Constitutional Law
J Blocher - S. Cal. L. Rev., 2010 - HeinOnline
State supreme courts and the United States Supreme Court are the independent and final
arbiters of their respective constitutions, and may therefore take different approaches to …
arbiters of their respective constitutions, and may therefore take different approaches to …
Expounding the State Constitution
AB Handler - Rutgers L. Rev., 1982 - HeinOnline
Perhaps more than anyone else who has served on this Court, Justice Pashman has helped
impart vigor into our state constitution as an independent source for recognizing and …
impart vigor into our state constitution as an independent source for recognizing and …