I count it a great privilege to present the inaugural Arlin and Neysa Adams Lecture on the Constitution. The privilege has two aspects: The first aspect is that it provides a renewed opportunity to give public thanks for the generosity and the devotion to the public weal that have always been Arlin and Neysa’s trademark. […]
When the World Trade Center Twin Towers fell in 2001, the United States entered a period of what seems like perpetual crisis–a country increasingly threatened from within and outside its borders. In the aftermath of 9/11, Arab Americans, as well as other foreign nationals, worried about their immigration status and the potential violence they might […]
State governments have devised a new means to evade the Constitution. Their new means is to enact tort statutes that, in effect, ban constitutionally protected conduct. In particular, some states have made the provision of an abortion a tort for which there can be no defense and no cap on the amount of liability. These […]
Empirical research relevant to legal issues is common in other disciplines and is once again growing more common in the legal academy. Such research, however, varies widely in theoretical and methodological rigor and at times yields widely different results. Such disparate findings may bring into question the usefulness of such empirical research and may render […]
American law reflects the stories we tell ourselves about whom we are as a nation. To illustrate the effect of America’s stories on the law, I identify and describe in this Essay a particular characteristic of American law–an “action bias”–a propensity to bestow disproportionately greater legal significance on affirmative acts than on failures to act. […]
Peter Irons’s War Powers favors congressional initiative in questions of war and peace but makes a historical argument that our government has strayed from the constitutional design in the service of an imperialist foreign policy. John Yoo’s The Powers of War and Peace seeks to overthrow the traditional perspective on war powers espoused by Irons […]
How can this be in modern day America? Mr. Enwonwu is an immigrant alien. . . . Congress does not much care about immigrant aliens, even those who, after endangering themselves assisting our law enforcement efforts to stem the international drug trade, are deported into the hands of the very drug traders upon whom they […]
In 1991, Troy Speer saw a television advertisement for Texas Aero Tech that promised him an education and a future. Troy received assurances from both the advertisement and the personnel of Texas Aero Tech that the school assists students in job placement after their completion of the program. As a result, he enrolled in a […]
On June 22, 2006, while this Comment was awaiting publication, the United States Supreme Court decided Woodford v. Ngo. In Woodford, a prisoner filed an administrative grievance with prison officials challenging a disciplinary restriction placed on his activities. Prison regulations required that a grievance be filed within fifteen working days of the challenged action, but […]