Articles

Currents In Commerce Clause Scholarship Since Lopez: A Survey

Introduction I. An Overview Of Commerce Clause Jurisprudence A. The Limited Scope Of The Federal Commerce Power Before The New Deal B. The Expansive Scope Of The Commerce Power After The New Deal C. Lopez, Morrison, And Limits On The Commerce Power II. Survey Of Post-Lopez Commerce Clause Scholarship A. The Meaning Of The Text Of The Commerce Clause 1. General Explorations Of The Commerce Clause As An Enumerated Power 2. Exploring Original Sources For The Commerce Clause's Meaning a. A Functi...

From Establishment To Freedom Of Public Religion

I. Introduction II. Jefferson v. Adams On Religious Liberty III. Adams's Model In Action IV. Jefferson's Model In Action V. Toward The Freedom Of Public Religion

Resolving Separation Of Powers And Federalism Problems Raised By ERIE, The Rules Of Decision Act, And The Rules Enabling

I. Introduction II. How And Why Swift Failed To Adequately Address Separation Of Powers And Federalism Problems Raised By The Rules Of Decision Act And The Superiority Of The Proposed "Irresistible Incentive" Test As A Means Of Determining Both The Existence And Identity Of Substantive State Rights III. Swift Failed To Adequately Address Separation Of Powers And Federalism Issues Raised By The Rules Of Decision Act And Thereby Undermined Legitimate State Interest A. Swift v. Tyson B. Gelpcke ...

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The Americans With Disabilities Act Of 1990: The Incredible Shrinking Legislation? A Closer Look At Chevron v. Echazabal

I. Introduction II. Historical Background III. The "Term Of The ADA" A. Major Life Activities B. Reasonable Accommodation C. Mitigating Measures D. Remedies IV. Chevron V. Echazabal And The Direct Threat Defense A. Discussion B. Analysis C. Discrimination And Defenses Under The Ada D. The Direct Threat Defense In Detail E. The Current Direct Threat Defense V. Significance VI. Conclusion