Law Review Article Collection

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General

1.   Presumption of Nonauthority and Unenumerated Rights, by Jon Roland, Begun November 6, 2005, in progress.
2.    Mansfieldism Reconsidered, by Jon Roland.
3.   Sovereignty, Rebalanced: The Tea Party and Constitutional Amendments, Elizabeth Price Foley, Tennessee Law Review, Vol. 78, p. 751, 2011.
4.  The Originalist Case for the Fourth Amendment Exclusionary Rule , Roger Roots, Gonzaga Law Review, Vol. 45, pp. 1-66 (1/13/2010).
5.    Unfair Rules of Procedure: Why Does the Government Get More Time?, Roger Roots, American Journal of Trial Advocacy, Vol. 33, pp. 493-520 (2010).
6.    Mostly Unconstitutional: The Case Against Precedent Revisited, Gary Lawson, 5 Ave Maria L.R. 1 (2007).
7.    The Constitutional Case Against Precedent, Gary Lawson, 17 Harv. J.L. & Pub. Pol'y 23, 24 (1994).
8.   Why Summary Judgment is Unconstitutional, Suja A. Thomas, (February 21, 2007).
9.   Popular 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.
10.   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.
11.    The 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.
12.    The 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, December 2004.
13.   The 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.
14.   'Resolution 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.
15.  The Origins and Current meanings of "Judicial Activism", Keenan D. Kmiec, California Law Review, October 2004.
16.  The Panda's 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.
17.    The Causes of Wrongful Conviction, Paul Craig Roberts, The Independent Review, v. VII, n.4, Spring 2003, ISSN 1086-1653, Copyright © 2003, pp. 567– 574.
18.     The Original Meaning of the Necessary and Proper Clause , by Randy Barnett, U. Penn Law Review Vol. 6.2, Nov. 2003, pp 182-221
19.     Public Safety or Bills of Attainder?, Jon Roland. Published in University of West Los Angeles Law Review, Vol. 34, 2002.
20.  The Common Law Right to Earn a Living, Timothy Sandefur, The Independent Review, v.VII, n.1, Summer, 2002.
21.   Are Cops Constitutional?, Roger Roots, Seton Hall Constitutional L.J. 2001, 685 — Examines constitutional issues involved in professional law enforcement.
22.   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.
23.   The 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.
24.   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 grand juries.
25.   Locating the 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.
26.    The Evolving Police Power: Some Observations for a New Century, Glenn H. Reynolds, David B. Kopel, Hastings Constitutional Law Quarterly, Spring 2000.
27.   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.
28.   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.
29.   Apportionment of Direct Taxes: The Foul-up in the Core of the Constitution, Calvin H. Johnson, 7 William & Mary Bill of Rights Journal 1, 1998.
30.   Testimony on 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.
31.   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?
32.   Women's Rights in Early England, Christine G. Clark, Brigham Young University Law Review 1, 1995.
33.   On Misreading 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.
34.   Addressing 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.
35.   Population 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.
36.   The Jury and Consensus Government in Mid-Eighteenth-Century America, William E. Nelson — What the Founders understood the role of the jury to be.
37.    Woe Unto You, Lawyers, Fred Rodell, Professor of Law, Yale University, 1939 — Criticizes the legal profession.
38.  Contemporary 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.
39.   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.
40.  Papers of Seth Barrett Tillman — Articles citing this site.
41.    Is 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

•   The Second Amendment and States' Rights: A Thought Experiment, Glenn Harlan Reynolds & Don Kates, 36 Wm. & Mary L. Rev. 1737-1768 (1995).
•   The Second Amendment: A Guard for Our Future Security, Andrew M. Wayment, Idaho Law Review, Comments 37 (2000): 203.

Also see Law Libraries for briefs associated with pleadings and organized by constitutional right.