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Presumption of Nonauthority and
Unenumerated Rights, by Jon Roland, Begun November 6,
2005, in progress.
Reconsidered, by Jon Roland.
Rebalanced: The Tea Party and Constitutional Amendments,
Elizabeth Price Foley, Tennessee Law Review, Vol. 78,
p. 751, 2011.
Originalist Case for the Fourth Amendment Exclusionary Rule ,
Roger Roots, Gonzaga Law Review, Vol. 45, pp. 1-66
Rules of Procedure: Why Does the Government Get More Time?,
Roger Roots, American Journal of Trial Advocacy, Vol.
33, pp. 493-520 (2010).
Unconstitutional: The Case Against Precedent Revisited,
Gary Lawson, 5 Ave Maria L.R. 1 (2007).
Constitutional Case Against Precedent, Gary Lawson, 17 Harv.
J.L. & Pub. Pol'y 23, 24 (1994).
Summary Judgment is Unconstitutional, Suja A. Thomas,
(February 21, 2007).
Sovereignty, Judicial Supremacy, and the American Revolution:
Why the Judiciary Cannot Be the Final Arbiter of Constitutions,
William J. Watkins, (January 21, 2006). Bepress Legal Series.
Working Paper 910.
The Orphaned Right: The Right to
Travel by Automobile, 1890-1950, Roger Roots, 30 Okla.
City U.L. Rev. 245, 2005. — Examines the history of the
right to travel and operate a vehicle on public roads.
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.
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,
Original Meaning of an Omission: The Tenth Amendment, Popular
Sovereignty and 'Expressly' Delegated Power, by Kurt Lash,
83 Notre Dame Law Review 101 (2008), October 1, 2007.
VI': National Authority to Resolve Collective Action Problems
Under Article 1, Section 8, by Kurt Lash, Illinois Public
Law Research Paper No. 10-40, July 25, 2011.
and Current meanings of "Judicial Activism", Keenan D.
Kmiec, California Law Review, October 2004.
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 Original Meaning of the Necessary and Proper Clause ,
by Randy Barnett, U. Penn Law Review Vol. 6.2, Nov.
2003, pp 182-221
Safety or Bills of Attainder?, Jon Roland. Published in University
of West Los Angeles Law Review, Vol. 34, 2002.
Law Right to Earn a Living, Timothy Sandefur, The
Independent Review, v.VII, n.1, Summer, 2002.
Constitutional?, Roger Roots, Seton Hall
Constitutional L.J. 2001, 685 — Examines constitutional
issues involved in professional law enforcement.
Government by Permanent Emergency:
The Forgotten History of the New Deal Constitution, Roger
Roots, 33 Suffolk U. L. Rev. 259 2000. — Examines the
history and effect of the national emergency that President
Roosevelt and the New Deal Congress of 1933 declared in America
and its eventual impact upon American constitutional law.
Approaching Death of the Collective Right Theory of the Second
Amendment, Roger Roots, 39 Duquesne L. Rev. 71
2000. — The collective right theory of the Second Amendment —
which contends that the Framers set forth the Second Amendment
right to bear arms as a states-rights provision and not as
protection for an individual right — has been all but orphaned
by the legal academy.
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
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.
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.
of Direct Taxes: The Foul-up in the Core of the Constitution,
Calvin H. Johnson, 7 William & Mary Bill of Rights
Journal 1, 1998.
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?
Rights in Early England, Christine G. Clark, Brigham
Young University Law Review 1, 1995.
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.
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.
Changes and Constitutional Amendments: Federalism Versus
Democracy, Peter Suber, University of Michigan Journal
of Law Reform, vol. 20, no. 2 (Winter 1987) pp. 409-490 —
How a minority of the voters can amend the U.S. Constitution, or
block an amendment to it.
The Jury and Consensus Government in
Mid-Eighteenth-Century America, William E. Nelson — What
the Founders understood the role of the jury to be.
You, Lawyers, Fred Rodell, Professor of Law, Yale
University, 1939 — Criticizes the legal profession.
Opinion of the Virginia and Kentucky Resolutions, Frank
Maloy Anderson, The American Historical Review, No. 1,
pp. 45-63 (October 1899), and No. 2, pp. 225-252 (December 1899)
— Review of reactions to those resolutions.
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.
of Seth Barrett Tillman — Articles citing this site.
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
Second Amendment and States' Rights: A Thought Experiment,
Glenn Harlan Reynolds & Don Kates, 36 Wm. & Mary L. Rev.
Second Amendment: A Guard for Our Future Security, Andrew
M. Wayment, Idaho Law Review, Comments 37 (2000): 203.
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