Constitutional Commentary

Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.

Articles from Vol. 13, No. 2, Summer

Albion Tourgee: Remembering Plessy's Lawyer on the 100th Anniversary of Plessy V. Ferguson
Albion Winegar Tourgee(1) (May 2, 1838-May 21, 1905) is the lawyer who brought (and lost) the landmark nineteenth century civil rights case challenging Louisiana's law segregating railroad cars. Since 1996 is the 100th anniversary of Plessy v. Ferguson...
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The Aftermath of Thornton
I. INTRODUCTION While term limits on state officials are quite common,(1) and raise no serious federal constitutional problems,(2) term limits on federal legislators are a different matter. In US. Term Limits v. Thornton(3) the Supreme Court, by a narrow...
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The Coase Theorem and the Eleventh Amendment
The Supreme Court's recent Seminole decision(1) is sure to rekindle the scholarly debate about the proper interpretation of the Eleventh Amendment, adding to an already impressively voluminous literature. So far as we know, however, no one has pointed...
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The Constitution of Bosnia-Herzegovina
The new constitution of the Republic of Bosnia and Herzegovina is clearly a transitional document. It is, of course, the product of civil war, of "ethnic cleansing," and of (well justified) mutual mistrust. It was created as part of the peace package...
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The Original Intention of Original Understanding
In 1985, amid mounting interest in the idea of a return to a "jurisprudence of original intention," the Harvard Law Review published H. Jefferson Powell's important article on "The Original Understanding of Original Intent."(1) In this acute and ironic...
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