Now showing items 1-10 of 52
Paul E. McGreal, Unconstitutional Politics, 76 Notre Dame L. Rev. 519 (2001).
This Article argues that the federal statute requiring election of the United States House of Representatives by single-member districts is unconstitutional. Simply put, this statute, which was first enacted in 1842, ...
There is no such thing as textualism: A case study in constitutional method
Paul E. McGreal, There Is No Such Thing as Textualism: A Case Study in Constitutional Method, 69 Fordham L. Rev. 2393 (2001).
Judicial fiat should not be last word
Edward A. Morse & John P. Safranek, Op-Ed., Judicial Fiat Should Not Be Last Word, Des Moines Register, Aug. 23, 2009, at OP 1.
Of speech, politics, and circular history
Michael J. Kelly, Of Speech, Politics, and Circular History, 2 J. Nat'l Security L. & Pol'y 195 (2006) (reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime, From the Sedition Act of 1798 to the War on Terrorism (2004)).
Article 9 pacifism clause and Japan's place in the world
Michael J. Kelly, The Article 9 Pacifism Clause and Japan's Place in the World, 25 Wis. Int'l L.J. 491 (2007).
Many argue that the Article 9 pacificim clause in the Japanese constitution is an impediment to Japan assuming its rightful place in the world's current power structure as it unduly restricts the deployment capabilities ...
Today's confrontation clause (after Crawford and Melendez-Diaz)
G. Michael Fenner, Today's Confrontation Clause (After Crawford and Melendez-Diaz), 43 Creighton L. Rev. 35 (2009).
Counteracting ambition: Applying corporate compliance and ethics to the separation of powers concerns with domestic surveillance
Paul E. McGreal, Counteracting Ambition: Applying Corporate Compliance and Ethics to the Separation of Powers Concerns with Domestic Surveillance, 60 SMU L. Rev. 1571 (2007).
When it comes to domestic surveillance, even in the name of foreign intelligence, one constitutional challenge is to balance suspicion of and confidence in executive power - to leave the executive flexibility to meet ...
Constitutional defense of legislative history
Paul E. McGreal, A Constitutional Defense of Legislative History, 13 Wm. & Mary Bill Rts. J. 1267 (2005).
In defense of complete preemption
Paul E. McGreal, In Defense of Complete Preemption, 156 U. Pa. L. Rev. PENNumbra 147 (2007).
Recent writings by Professors Gil Seinfeld and Trevor Morrison criticize the Supreme Court's complete preemption doctrine as misguided and unconstitutional, respectively. Professor Seinfeld suggests reforming the doctrine ...
Questions and answers: Constitutional law
Paul E. McGreal & Linda Eads, Questions & Answers: Constitutional Law (2d ed. 2007).