Now showing items 11-20 of 37
Social capital in constitutional law: The case of religious norm enforcemet through prayer at public occasions
Paul E. McGreal, Social Capital in Constitutional Law: The Case of Religious Norm Enforcement Through Prayer at Public Occasions, 40 Ariz. St. L.J. 585 (2008).
Distinguishing private action from government action is the first question of constitutional law. The distinction blurs most when the government and private actors jointly cause harm. Not surprisingly, then, the Supreme ...
Unpublished Free Exercise opinion in Jensen v. Quaring
Paul E. McGreal, The Unpublished Free Exercise Opinion in Jensen v. Quaring, 33 S. Ill. U. L.J. 1 (2008).
Since they were opened to the public in March 2004, the Harry A. Blackmun Papers at the Library of Congress have provided a wealth of information about the United States Supreme Court and its landmark decisions. This Essay ...
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 ...
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).
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)).
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).
What nearly a quarter century of experience has taught us about Leon and "Good faith"
Kenneth J. Melilli, What Nearly a Quarter Century of Experience Has Taught Us About Leon and "Good Faith," 2008 Utah L. Rev. 519.
Article about United States v. Leon and "Good Faith".
EU Constitution and the Union's democratic deficit
Stephen C. Sieberson, The EU Constitution and the Union's Democratic Deficit, in Expanded EU: From Autonomy to Alliance 121 (Kseniya M. Khovonova, Nejat Dogan, & Maxsym Kovalov eds., 2008).
This article weighs the European Union's proposed Constitution against historical complaints that the EU suffers from a democratic deficit. Various manifestations of the deficit are identified from official documents, ...
Did symbolism sink the constitution? Reflections on the European Union's state-like attributes
Stephen C. Sieberson, Did Symbolism Sink the Constitution? Reflections on the European Union's State-Like Attributes, 14 U.C. Davis J. Int'L L. & Pol'y 1 (2007).
After several years of debate and controversy, in June of 2007 the European Union abandoned its proposed Constitution. On December 13, 2007, representatives of the Member States signed a replacement document, a treaty ...