Results for 'IF'
Forum: Bad News for John Marshall
v. Maryland. The case recognized that the incidental nature of the power of incorporation had to be established before one determined if an
Forum: Pregnancy and Living Wills: A Behavioral Economic Analysis
standard that asks what treatment the patient would want if she were able to decide for herself. One possible justification for excluding pregnant women
Forum: No Way Around Consent: A Reply to Rubenfeld on “Rape-by-Deception”
point to sexual consent. As a consequence, sex-by-material-deception is nonconsensual sex. For example, if Jones agreed to sex with Smith only because
Forum: Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate
and rating practices. It is therefore not incidental to other powers exercised by Congress in the PPACA and must be separately enumerated if it is to
Systemic Triage: Implicit Racial Bias in the Criminal Courtroom
assumption that racial bias is visible and conscious, even if expressed in ways that mask its presence. This is demonstrated not only by the examples she
Forum: Three Questions about Hybrid Rights and Religious Groups
anything; do such rights even exist in constitutional law? I. Hybrid Rights? If there is a more ephemeral constitutional doctrine than hybrid rights
Forum: Clauses Not Cases
character or virtue that goes beyond the credentials that measure pure ability. If senators are to assess judicial attitude as well as ability, then
Forum: The South Dakota Referendum on Abortion: Lessons from a Popular Vote on a Controversial Right
felony unless the procedure is “designed or intended to prevent the death of a pregnant mother.”Anyone aiding in contraception is not included if the aid
Forum: Inflation Indicators
set its cutpoint to the right of the Federal Circuit in the first instance. If the PTO were perfectly accurate and perfectly responsive, it could
Originalism Without Text
interpret: without a written constitution, written statutes, or any writing at all. If texts aren’t fundamental to originalism, then originalism isn’t