Con Law Center Articles and Publications

 

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Publications from 2015

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"Just a Bit Outside!": Proportionality in Federal Discovery and the Institutional Capacity of the Federal Courts, Bernadette Bollas Genetin

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The Supreme Court's New Approach to Personal Jurisdiction, Bernadette Bollas Genetin

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SCOTUS Summary: Separation of Powers in Zivotofsky v. Kerry, Wilson Huhn

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SCOTUS Summary: The Supreme Court's Decision in King v. Burwell on Healthcare, Wilson Huhn

Publications from 2014

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THE INFLUENCE OF ABRAHAM LINCOLN ON THE SUPREME COURT’S INTERPRETATION OF THE CONSTITUTIONAL PRINCIPLES OF LIBERTY AND EQUALITY, Wilson Huhn

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Same-Sex Divorce, Tracy A. Thomas

Publications from 2013

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Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts’ Opinion Upholding the Individual Mandate, Wilson Huhn

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Slaves to Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Supreme Court Update: 2012-2013 Term (Civil Cases in Constitutional Law), Wilson Huhn

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Back to the Future of Abortion Regulation in the First Term, Tracy A. Thomas

Publications from 2012

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Excerpts from Chief Justice Roberts' Opinion in NFIB v. Sebelius, Wilson Huhn

Same-Sex Marriage Litigation Update - September 17, 2012, Wilson Huhn

The 2011-2012 Supreme Court Term: Decisions in Constitutional Law, Wilson Huhn

The Civil Rights Movement and the Constitution, Wilson Huhn

The Constitutionality of the Patient Protection and Affordable Care Act, Wilson Huhn

The Decision of the Supreme Court on the Constitutionality of the PPACA, Wilson Huhn

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THE FUTURE INTERPRETATION OF THE CONSTITUTION, Wilson Huhn

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THE FUTURE INTERPRETATION OF THE CONSTITUTION AS A RESULT OF THE REELECTION OF PRESIDENT BARACK OBAMA, Wilson Huhn

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The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking, Wilson Huhn

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Misappropriating Women's History in the Law and Politics of Abortion, Tracy A. Thomas

Publications from 2011

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McDonald v. Chicago, Self-Defense, the Right to Bear Arms, and the Future, Richard Aynes

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Electing our Judges and Judicial Independence: the Supreme Court's "Triple Whammy", Martin Belsky

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A Higher Law: Abraham Lincoln's Use of Biblical Imagery, Wilson Huhn

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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, Wilson Huhn

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Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, Wilson Huhn

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Biological Metaphors for Whiteness: Beyond Merit and Malice, Brant T. Lee

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Elizabeth Cady Stanton and the Notion of a Legal Class of Gender, Tracy A. Thomas

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Law, History, and Feminism, Tracy A. Thomas

Publications from 2010

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Enforcing the Bill of Rights Against the States: The History and the Future, Richard Aynes

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Kate Chase, the "Sphere of Women's Work," and Her Influence Upon Her Father's Dissent in Bradwell v. Illinois, Richard Aynes

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McDonald v. Chicago, the Fourteenth Amendment, the Right to Bear Arms and the Right of Self-Defense, Richard L. Aynes

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Sex v. Race, Again, Tracy A. Thomas

Publications from 2009

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39th Congress (1865-1867) and the 14th Amendment: Some Preliminary Perspectives, Richard Aynes

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Ink Blot or Not: the Meaning of Privileges And/Or Immunities, Richard Aynes

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140th Anniversary Symposium: Fourteenth Amendment Citizenship and the Reconstruction-Era Black Public Sphere, James Fox

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Cross Burning a Hate Speech Under the First Amendment to the United States Constitution, Wilson Huhn

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Legacy of Slaughterhouse. Bradwell, and Cruikshank in Constitutional Interpretation, Wilson Huhn

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Ten Questions on Gay Rights and Freedom of Religion, Wilson Huhn

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Reforming Eyewitness Identification Law and Practices to Protect the Innocent, Margery Koosed

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Empathy and Pragmatism in the Choice of Constitutional Norms for Religious Land Use Disputes, Elizabeth Reilly

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Infinite Hope-- Introduction to the Symposium: the 140th Anniversary of the Fourteenth Amendment, Elizabeth Reilly

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The Union as it Wasn't and the Constitution as it Isn't: Section Five and Altering the Balance of Power, Elizabeth Reilly

Publications from 2008

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Self-Defense, the 2nd Amendment, and the U.S. Supreme Court, Richard Aynes

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Waterboarding is Illegal, Wilson R. Huhn

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Book Review of Thomas J. Davis, Race Relations in America: A Reference Guide with Primary Documents, Brant T. Lee

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The New Face of Women's Legal History: An Introduction to the Symposium, Tracy A. Thomas

Publications from 2007

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The Religion Clauses and the “Really New” Federalism, Martin H. Belsky

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Congress Has the Power to Enforce the Bill of Rights Against the Federal Government: Therefore FISA is Constitutional and the President's Terrorist Surveillance Program is Illegal, Wilson R. Huhn

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In Defense of the Roosevelt Court, Wilson R. Huhn

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The Devil in the Details: On Intelligent Design, Racial Conspiracy Theories, and the Theology of Whiteness, Brant T. Lee

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Proportionality and the Supreme Court's Jurisprudence of Remedies, Tracy A. Thomas

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The Continued Vitality of Prophylactic Relief, Tracy A. Thomas

Publications from 2006

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Unintended Consequences of the Fourteenth Amendment and What They Tell us About its Interpretation, Richard L. Aynes

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Constitutional Jurisprudence of Sandra Day O'Connor: A Refusal to "Foreclose the Unanticipated", Wilson R. Huhn

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State Action Doctrine and the Principle of Democratic Choice, Wilson R. Huhn

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Book Review, Sharon Hatfield, Never Seen the Moon: The Trials of Edith Maxwell, Tracy A. Thomas

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Elizabeth Cady Stanton on the Federal Marriage Amendment: A Letter to the President, Tracy A. Thomas

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Restriction of Tort Remedies and the Constraints of Due Process: The Right to an Adequate Remedy, Tracy A. Thomas

Publications from 2005

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A Practical and Pragmatic Approach to Freedom of Conscience, Martin H. Belsky

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Powers That Be: A Reexamination of the Federal Courts' Rulemaking and Adjudicatory Powers in the Context of a Clash of a Congressional Statute and a Supreme Court Rule, Bernadette Bollas Genetin

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Ohio Issue 1 is Unconstitutional, Wilson R. Huhn

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Bush v. Gore and the Distortion of Common Law Remedies, Tracy A. Thomas

Publications from 2004

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Assessing the Constitutionality of Laws that are Both Content Based and Content Neutral, Wilson R. Huhn

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Jurisprudential Revolution Unlocking Human Potential in Lawrence and Grutter, Wilson R. Huhn

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Scienter, Causation, and Harm: The Right-Hand Side of the Constitutional Calculus, Wilson R. Huhn

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The Network Economic Effects of Whiteness, Brant T. Lee

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The Beecher Sisters as Nineteenth-Century Feminist Icons of the Sameness-Difference Debate, Tracy A. Thomas

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The Prophylactic Remedy: Normative Principles and Definitional Parameters of Broad Injunctive Relief, Tracy A. Thomas

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Ubi Jus, Ibi Remedium: The Fundamental Right to a Remedy, Tracy A. Thomas

Publications from 2003

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The Continuing Importance of Congressman John A. Bingham and the Fourteenth Amendment, Richard L. Aynes

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Stages of Legal Reasoning: Formalism, Analogy, and Realism, Wilson R. Huhn

Publications from 2002

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Random vs. Suspicion-Based Drug Testing in the Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky

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Expressly Repudiating Implied Repeals Analysis: A New Framework for Resolving Conflicts Between Congressional Statutes and Federal Rules, Bernadette Bollas Genetin

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Compelling Lessons in the First Amendment: Michael Kent Curtis, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History, Wilson R. Huhn

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Teaching the Amistad, Brant T. Lee

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Understanding Prophylactic Remedies Through the Looking Glass of Bush v. Gore, Tracy A. Thomas

Publications from 2001

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Teaching Legal Analysis Using a Pluralistic Model of Law, Wilson R. Huhn

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A Racial Trust: The Japanese YWCA and the Alien Land Law, Brant T. Lee

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Congress' Section 5 Power and Remedial Rights, Tracy A. Thomas

Submissions from 2000

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Education and The Constitution: Shaping Each Other and the Next Century, Elizabeth Reilly

Publications from 1995

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Charles Fairman, Felix Frankfurter, and the Fourteenth Amendment, Richard L. Aynes

Publications from 1994

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Constricting the Law of Freedom: Justice Miller, the Fourteenth Amendment, and the Slaughter-House Cases, Richard L. Aynes

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Living with Miranda: a reply to Professor Grano, Martin H. Belsky

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The Public Trust Doctrine: the Public Trust Doctrine and Takings: a Post-Lucas view, Martin H. Belsky

Publications from 1993

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The Impeachment and Removal of Tennessee Judge West Humphreys: John Bingham's Prologue to the Johnson Impeachment Trial, Richard Aynes

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On Misreading John Bingham and the Fourteenth Amendment, Richard L. Aynes

Publications from 1984

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Review Essay On Becoming and Being a Prosecutor, Martin H. Belsky

Publications from 1973

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Reapportionment in the 1970's - A Pennsylvania Illustration, Martin H. Belsky