Law Review Article Collection
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General
Mansfieldism Reconsidered, by Jon Roland.
The Lost Jurisprudence of the Ninth
Amendment, by Kurt Lash, Professor of Law and W. Joseph Ford Fellow, Loyola
Law School, Los Angeles, Texas Law Review, Vol. 83, February 2005.
The Lost Original Meaning of the Ninth
Amendment, by Kurt Lash, Professor of Law and W. Joseph Ford Fellow, Loyola
Law School, Los Angeles, Texas Law Review, Vol. 83, No. 2, December
2004.
The Origins and Current meanings of
"Judicial Activism", Keenan D. Kmiec, California Law Review, October 2004.
The Panda's Thumb: The Modest and
Mercantilist Original Meaning of the Commerce Clause, Calvin H.
Johnson, William & Mary Bill of Rights Journal, v. 13 Issue 1, October 2004.
The Causes of Wrongful Conviction, Paul Craig
Roberts, The Independent Review, v. VII, n.4, Spring 2003, ISSN
1086-1653, Copyright © 2003, pp. 567 574.
Public Safety or Bills of Attainder?,
Jon Roland. Published in University of West Los Angeles Law Review, Vol.
34, 2002.
Are Cops Constitutional?, Roger Roots, Seton
Hall Constitutional L.J. 2001, 685 — Examines constitutional issues
involved in professional law enforcement.
If It's Not a Runaway, It's Not a Real Grand Jury,
Roger Roots, Creighton L.R., Vol. 33, No. 4, 1999-2000, 821 —
Examines constitutional issues involved in current practices involving grand
juries.
Locating the Boundaries:
The Scope of Congress's Power to Regulate Commerce, Robert H. Bork and
Daniel E. Troy — Current doctrine in conflict with original understanding.
Paper delivered at symposium sponsored by U.S. Chamber of Commerce.
The Evolving Police Power: Some
Observations for a New Century, Glenn H. Reynolds, David B. Kopel,
Hastings Constitutional Law Quarterly, Spring 2000.
Lopez Speaks, Is Anyone
Listening?, David B. Sentelle — DC Circuit Justice reviews reception
to U.S. v. Lopez. 45 Loy. L. Rev. 541, Fall, 1999.
The Kentucky and Virginia
Resolutions: Guideposts of Limited Government, William J. Watkins, Jr.
— These 1798 documents are comparable in importance, for our understanding
the Constitution, to the Federalist or Madison's Notes on the Debates
in the Federal Convention.
Testimony on Testilying, Alan M.
Dershowitz, House of Representatives Judiciary Committee, December 1, 1998
— Harvard law professor and criminal defense lawyer testifies on perjury
and subornation of perjury by public officials.
Testilying: Police Perjury and What
to Do About It, Christopher Slobogin, Fall 1996 (67 U. Colo. L. Rev. 1037)
— Proposes measures to restore integrity of law enforcement and the
judicial system, but can they work?
On Misreading John Bingham and the Fourteenth
Amendment, Richard L. Aynes, Yale Law Journal, October, 1993, Page
57 — Argues that the Fourteenth Amendment was understood by its authors
and ratifiers as extending the jurisdiction of U.S. Courts over cases between a
citizen and his state over rights protected in the U.S. Constitution.
Addressing the Constitutionality of the Independent Counsel Statute: Executive Control over Criminal Law Enforcement: Some Lessons from History, Harold J. "Hal" Krent, 38 Am. U.L. Rev. 275, Winter, 1989, — Interesting review of private criminal prosecutions in history.
The Jury and Consensus Government in
Mid-Eighteenth-Century America, William E. Nelson — What the Founders
understood the role of the jury to be.
Woe Unto You, Lawyers, Fred Rodell, Professor
of Law, Yale University, 1939 — Criticizes the legal profession.
The Path of the Law, Oliver Wendell Holmes,
Jr., 10 Harvard Law Review 457 (1897) — Classic statement of the doctrine
of legal realism, that the "law" is what judges do, or can be expected to do,
rather than what is logically required from first principles or historic
enactment of black letter law.
Is Codification of the Law Expedient?, by William B. Hornblower. Address delivered before the American Social Science Association (Department of Jurisprudence) at Saratoga, N.Y., September 6, 1888. — Discussion of debate over whether and how to adopt statutes that codify common-law judicial precedents.
Arms & Militia
The Second Amendment and States' Rights: A
Thought Experiment, Glenn Harlan Reynolds & Don Kates, 36 Wm. &
Mary L. Rev. 1737-1768 (1995).
The Second Amendment: A Guard for Our
Future Security, Andrew M. Wayment, Idaho Law Review, Comments 37 (2000):
203.
Also see Law Libraries for
briefs associated with pleadings and organized by constitutional right.