Search results for: "JURISPRUDENCE" (1477 results)
critique an area of jurisprudence, and Comments that identify tensions or gaps in both modern and long-established doctrines. Citations should be
isting bill of attainder jurisprudence. Article I, Section 10 of the Constitution provides that “[n]o State shall . . . pass any Bill of Attainder
the mixed motives approach in employment-discrimination cases to Batson chal- lenges, and Andrew Verstein, The Jurisprudence of Mixed Motives, 127 YALE
of the Court to adhere to a particular form of jurisprudence: “Limited gov- ernment, federalism, originalism, and so on.”22 Doerfler and Moyn, by
constitutional sex equality jurisprudence to mainly facial discrimination further gutted the Equal Protection Clause of its substantive potential. In much the
II). Regardless, the Eleventh Amendment and Title VI jurisprudence bar recovery of the fees (Part III). In addition, there are three defects in
with the Supreme Court’s TAIA jurisprudence. And it avoids the potentially serious impediments to revenue collection that would exist if taxpayers
of constitutional structure.26 These decisions create an apparent incongruity in the modern Court’s interpretive jurisprudence. In matters of
“eco- nomically libertarian substantive due process jurisprudence of the early twentieth century,” such concerns can be traced back to the 1930s and