Law Faculty Articles and Research

 
Below you may find selected research articles from faculty in the Fowler School of Law.

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Submissions from 2007

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Born in the USA? Re-assessing Birthright Citizenship in the Wake of 9/11, John C. Eastman

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Full Faith and Republican Guarantees: Gay Marriage, FMPA, and the Courts, John C. Eastman

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Teaching Professional Responsibility and Ethics, Ronald D. Rotunda

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Marriage Equality in California: Legal and Political Prospects, Kenneth W. Starr, Shannon Price Minter, John C. Eastman, and David C. Codell

Submissions from 2006

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California's Estate Tax Dilemma, Frank Doti

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Listening to the Enemy: The President's Power to Conduct Surveillance of Enemy Communications During Time of War, John C. Eastman

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Politics and the Court: Did the Supreme Court Really Move Left Because of Embarrassment over Bush v. Gore?, John C. Eastman

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Judicial Ethics, the Appearance of Impropriety, and the Proposed New ABA Judicial Code (The Howard Lichtenstein Lecture in Legal Ethics), Ronald D. Rotunda

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The Detainee Cases of 2004 and 2006 and their Aftermath, Ronald D. Rotunda

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The Propriety of a Judge’s Failure to Recuse When Being Considered for Another Position, Ronald D. Rotunda

Submissions from 2005

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Is the Solomon Amendment F.A.I.R.-Some Thoughts on Congress's Power to Impose This Condition on Federal Spending, John C. Eastman

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Judicial Review Of Unenumerated Rights: Does Marburys Holding Apply In a Post-Warren Court World?, John C. Eastman

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Philosopher King Courts: Is the Exercise of Higher Law Authority without a Higher Law Foundation Legitimate?, John C. Eastman

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Alleged Conflicts of Interest Because of the “Appearance of Impropriety”, Ronald D. Rotunda

Submissions from 2004

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Anatomy of the Federal Litigation: Challenging the Legislature's Actions in the Wake of Guinn v. Legislature, John C. Eastman

Submissions from 2003

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Re-evaluating The Privileges or Immunities Clause, John C. Eastman

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The Limited Nature of the Senate's Advice and Consent Role, John C. Eastman

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The Magic of Vouchers is No Sleight of Hand: A Reply to Steven K. Green, John C. Eastman

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Judicial Elections, Campaign Financing, and Free Speech, Ronald D. Rotunda

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Yet Another Article on Bush v. Gore, Ronald D. Rotunda

Submissions from 2002

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A Seminole Dissent?, John C. Eastman

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Senate Is Supposed to Advise and Consent, Not Obstruct and Delay, John C. Eastman and Timothy Sandefur

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The Eleventh Amendment, Garrett, and Protection for Civil Rights, Ronald D. Rotunda

Submissions from 2001

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Justice Stephen Field: Frontier Justice or Justice at the Natural Rights Frontier?, John C. Eastman

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Re-Entering the Arena: Restoring a Judicial Role For Enforcing Limits on Federal Mandates, John C. Eastman

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Restoring the General to the General Welfare Clause, John C. Eastman

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Judicial Comments on Pending Cases: The Ethical Restrictions and the Sanctions – A Case Study of the Microsoft Litigation, Ronald D. Rotunda

Submissions from 2000

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Strictly Scrutinizing Campaign Finance Restrictions (& the Courts that Judge Them), John C. Eastman

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We Are a Religious People Whose Institutions Presuppose a Supreme Being, John C. Eastman

Submissions from 1999

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Symposium: Federal Tax Policy in the New Millennium, Introduction, Frank Doti

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Independent Counsel and the Charges of Leaking: A Brief Case Study, Ronald D. Rotunda

Submissions from 1998

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When Did Education Become a Civil Right? An Assessment of State Constitutional Provisions for Education 1776-1900, John C. Eastman

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The Power of Congress Under Section 5 of the Fourteenth Amendment after City of Boerne v. Flores, Ronald D. Rotunda

Submissions from 1997

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Personal Injury Income Tax Exclusion: An Analysis and Update, Frank Doti

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Conflict Problems When Representing Members of Corporate Families, Ronald D. Rotunda

Submissions from 1996

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An Essay on Term Limits and a Call for a Constitutional Convention, Ronald D. Rotunda

Submissions from 1995

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Open to Merit of Every Description-An Historical Assessment of the Constitution's Qualification Clauses, John C. Eastman

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Computerized Highways and the Search for Privacy in the Case Law: A Comment, Ronald D. Rotunda

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Innovations Disguised as Traditions: An Historical Review of the Supreme Court Nominations Process, Ronald D. Rotunda

Submissions from 1993

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The Civil Rights Act of 1991: A Brief Introductory Analysis of the Congressional Response to Judicial Interpretation, Ronald D. Rotunda

Submissions from 1991

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Exporting the American Bill of Rights: The Lesson from Romania, Ronald D. Rotunda

Submissions from 1989

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A Tribute to Eugene F. Scoles, Ronald D. Rotunda

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Interpreting an Unwritten Constitution, Ronald D. Rotunda

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Runyon v. McCrary and the Mosaic of State Action, Ronald D. Rotunda

Submissions from 1988

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The Confirmation Process for Supreme Court Justices in the Modern Era, Ronald D. Rotunda

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The Lawyer’s Duty To Report Another Lawyer’s Unethical Violations in the Wake of Himmel, Ronald D. Rotunda

Submissions from 1986

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The Role of Law Reviews: The Extreme Centrist Position, Ronald D. Rotunda

Submissions from 1984

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The Doctrine of Conditional Preemption and Other Limitations on Tenth Amendment Restrictions, Ronald D. Rotunda

Submissions from 1977

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The SEC’s Ectoplasmic Theory of an Issuer as Applied to Educational and Charitable Institutions, Bank Trustees, and Other Exempt Issuers, Ronald D. Rotunda

Submissions from 1971

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The Combination of Functions in Administrative Actions: An Examination of European Alternatives, Ronald D. Rotunda