132 research outputs found

    Making Law: The Case for Judicial Activism

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    Opticians and Abortion: The Constitutional Myopia of Justice Rehnquist

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    What do opticians in Oklahoma have in common with pregnant women in Texas? On the surface, the answer would seem to be very little, aside from a shared state border

    Fancy Dancing in the Marble Palace.

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    Disaster in Dover: The Trials (and Tribulations) of Intelligent Design

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    Disaster in Dove

    Politics and Principles: An Assessment of the Roosevelt Record on Civil Rights and Liberties

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    The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department\u27s titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of commitment to impartial justice. The four men who served Franklin Roosevelt in this post—Homer Cummings, Frank Murphy, Robert Jackson, and Francis Biddle—spanned the spectrum in the moral tone that each imposed on the department\u27s approach to civil rights and liberties, from the virtual unconcern shown by Cummings to the passionate moralism and activism with which Murphy invested his office

    Clio on the Stand: The Promise and Perils of Historical Review

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    Essay: Curing a Monumental Error: The Presumptive Unconstitutionality of Ten Commandment Displays

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