The Common Law Origins of Ex parte Young
JE Pfander, JP Wentzel - Stan. L. Rev., 2020 - HeinOnline
Important recent scholarship has come to question the origins and legitimacy of the Ex parte
Young proceeding, a cornerstone of modern constitutional litigation. Deploying a historically …
Young proceeding, a cornerstone of modern constitutional litigation. Deploying a historically …
Democracy and the corporation: The long view
D Ciepley - Annual Review of Political Science, 2023 - annualreviews.org
There is an unexamined paradox in the history of government in the West. The so-called
absolutist monarchs of Europe overwhelmingly chartered republican corporations—eg …
absolutist monarchs of Europe overwhelmingly chartered republican corporations—eg …
Written Constitutionalism, Past and Present
J Gienapp - Law and History Review, 2021 - cambridge.org
Debates over constitutional originalism almost always center on meaning. Questions are
typically focused, concentrated on the meaning of particular constitutional clauses at the …
typically focused, concentrated on the meaning of particular constitutional clauses at the …
WE THE (NATIVE) PEOPLE?
G Ablavsky, WT Allread - Columbia Law Review, 2023 - JSTOR
The Constitution was written in the name of the “People of the United States.” And yet, many
of the nation's actual people were excluded from the document's drafting and ratification …
of the nation's actual people were excluded from the document's drafting and ratification …
The history and revival of the corporate purpose clause
E Pollman - Tex. L. Rev., 2020 - HeinOnline
A great assortment of meanings has come to attach to the term" corporate purpose." For
many, it invokes the longstanding corporate law debate about whether directors should …
many, it invokes the longstanding corporate law debate about whether directors should …
The Constitutional Right of Self-Government
N Bowie - The Yale Law Journal, 2021 - JSTOR
The Assembly Clause is the ugly duckling of the First Amendment. Brooding in the shadow
of the heralded Free Speech Clause and the venerated Religion Clauses, the" right of the …
of the heralded Free Speech Clause and the venerated Religion Clauses, the" right of the …
Our Constitutionalism of Force
F Peterson - Columbia Law Review, 2022 - JSTOR
The Founders' constitution—the one they had before the Revolution and the one they fought
the Revolution to preserve—was one in which violence played a lawmaking role. An …
the Revolution to preserve—was one in which violence played a lawmaking role. An …
Constitution by Convention
S Issacharoff, T Morrison - Calif. L. Rev., 2020 - HeinOnline
Constitution by Convention Page 1 Constitution by Convention Samuel Issacharoff* and
Trevor Morrison** Introduction........................................................................................... 1913 I …
Trevor Morrison** Introduction........................................................................................... 1913 I …
Corporate Personhood v. Corporate Statehood
N Bowie - 2019 - JSTOR
In 2011, at the Iowa State Fair, presidential candidate Mitt Romney gave a pitch for why
fairgoers should support him in the upcoming caucuses. 1 As an audience milled around …
fairgoers should support him in the upcoming caucuses. 1 As an audience milled around …