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Constitutional Commentary articles from December 1997
Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.
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Constitutional Commentary archives from December 1997
The World War II German saboteurs' case and writs of certiorari before judgment by the Court of Appeals: a tale of nunc pro tunc jurisdiction.
December 22, 1997... Professor David J. Danelski has recently published an excellent account and analysis of the trial by military commission of the eight German saboteurs who landed on the beaches of Long Island and Florida during World War II, and of Ex parte...
Discrimination by proxy.
December 22, 1997... I. THE PRINCIPLES
Here are three well-settled principles of constitutional law:
The Anti-Discrimination Principle. Government cannot use racial classifications, even as the most cost-effective proxies for other traits, unless...
The Supreme Court's approach to the first amendment in cyberspace: free speech as technology's hand-maiden.
December 22, 1997... I. INTRODUCTION
On June 26, 1997, the U.S. Supreme Court decided its first case involving cyberspace, Reno v. ACLU.(1) The Court ruled that the Communication Decency Act (CDA),(2) a federal law that bans the communication on the...
Democracy as a meaningful conversation.
December 22, 1997... Much discussion of democracy in the United States, popular as well as scholarly, employs simple, descriptive models of that democracy. The most commonly encountered of these is what I call the "vote-centered" model of democracy. Under this...
The Strange Career of Legal Liberalism.
December 22, 1997... By Laura Kalman.(2) New Haven, CT: Yale University Press. 1996. Pp. viii, 375. Cloth, $40.00.
Laura Kalman's book appears at first to be history on a very small scale. She offers an account of the reaction of ten legal scholars(3) to the...
The Constitution and Criminal Procedure: First Principles.
December 22, 1997... It is hard to say if Akhil Amar has chosen his time well, or if the times have chosen him. Whichever it is, Amar's recent writings on constitutional criminal procedure, now collected in a single volume, have certainly captured the moment. His...