Part of the Constitutional Law Commons

Works in Constitutional Law

2022

Three Observations about Justice Alito's draft opinion in Dobbs - commentary, John M. Greabe
Law Faculty Scholarship

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Commentary: The workplace vaccine decision and its implications for federal regulatory power, John M. Greabe
Law Faculty Scholarship

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Commentary: The pragmatic consequentialism of Justice Breyer, John M. Greabe
Law Faculty Scholarship

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Tinkering With Tinker: Why the Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Honors Theses and Capstones

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Commentary: Divisive concepts and regulation by threat of baseless lawsuit, John M. Greabe
Law Faculty Scholarship

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2021

New Hampshire's 'divisive concepts' law and the big chill, John M. Greabe
Law Faculty Scholarship

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'Divisive Concepts' law and the big chill, John M. Greabe
Law Faculty Scholarship

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The Constitution and Democracy in Troubled Times, John M. Greabe
Law Faculty Scholarship

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Presidents and the U.S. Constitution: The Executive’s Role in Interpreting the Supreme Law of the Land, Mitchell Scacchi
Honors Theses and Capstones

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2020

What Constitution says about peaceful transfer of power, John M. Greabe
Law Faculty Scholarship

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Five takeaways from high court's term, John M. Greabe
Law Faculty Scholarship

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Judicial review and governmental bad faith, John M. Greabe
Law Faculty Scholarship

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The Supreme Court and constitutional stare decisis, John M. Greabe
Law Faculty Scholarship

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Is the Right to Abortion Still Specially Protected?, John M. Greabe
Law Faculty Scholarship

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Evil History: Protecting Our Constitution Through an Anti-Originalism Canon of Constitutional Interpretation, Michael S. Lewis
The University of New Hampshire Law Review

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Do we intend to keep our republic?, John M. Greabe
Law Faculty Scholarship

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Separation of powers, partisanship and impeachment: How can we overcome the partisan propaganda?, John M. Greabe
Law Faculty Scholarship

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2019

Review of Ian Kerr and Jane Bailey, The Implications of Digital Rights Management for Privacy and Freedom of Expression, 2 Journal of Information, Communication & Ethics in Society 87 (2004), Ann Bartow
Law Faculty Scholarship

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2018

Abortion Rights and the Kavanaugh Nomination, John M. Greabe
Law Faculty Scholarship

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Disentangling the Ethical and Constitutional Regulation of Criminal Discovery, Justin Murray, John M. Greabe
Law Faculty Scholarship

Sports betting, federalism and the Constitution, John M. Greabe
Law Faculty Scholarship

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The use of military force and the Constitution, John M. Greabe
Law Faculty Scholarship

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The Death Penalty and the Constitution, John M. Greabe
Law Faculty Scholarship

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State Constitutions and the Protection of Rights, John M. Greabe
Law Faculty Scholarship

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Masterpieces or Simply Wedding Cakes? Exploring the Boundaries of Freedom of Speech through United States Supreme Court Case Masterpiece Cakeshop v. Colorado Civil Rights Commission, Margaret McLean Quick
Honors Theses and Capstones

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Racism and Impeachment Power, John M. Greabe
Law Faculty Scholarship

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2017

Constitutional Barriers to Congressional Reform, John M. Greabe
Law Faculty Scholarship

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Competing Accounts of Interpretation and Practical Reasoning in the Debate over Originalism, André LeDuc
The University of New Hampshire Law Review

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Sexual Misconduct and Congressional Self-Governance, John M. Greabe
Law Faculty Scholarship

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Finding Freedom for the Thoughts We Hate, John M. Greabe
Law Faculty Scholarship

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Norms, Law and the Impeachment Power, John M. Greabe
Law Faculty Scholarship

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Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Law Faculty Scholarship

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SCOTUS's 2016-17 Term: The Calm Before the Storm?, John M. Greabe
Law Faculty Scholarship

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The Origins and Boundaries of Executive Privilege, John M. Greabe
Law Faculty Scholarship

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Race, Partisan Gerrymandering and the Constitution, John M. Greabe
Law Faculty Scholarship

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The Boundaries of Partisan Gerrymandering, John M. Greabe
Law Faculty Scholarship

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Can President Trump 'Open Up' the Libel Laws?, John M. Greabe
Law Faculty Scholarship

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The Trump Presidency and the Press, John M. Greabe
Law Faculty Scholarship

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The Tension Between Equal Protection and Religious Freedom, John M. Greabe
Law Faculty Scholarship

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The Extraordinary Judicial Rebukes of Trump's Travel Ban, John M. Greabe
Law Faculty Scholarship

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Why I So Enjoyed Learning With and From Calvin Massey, Vikram David Amar
The University of New Hampshire Law Review

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The Asymmetry Problem: Reflections on Calvin Massey’s Standing in State Courts, State Law, and Federal Review, John M. Greabe
The University of New Hampshire Law Review

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Textualism and Originalism in Constitutional Interpretation, John M. Greabe
Law Faculty Scholarship

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Do Foreign Nationals Really Have Constitutional Rights?, John M. Greabe
Law Faculty Scholarship

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Does the Constitution Allow President to Ban Muslims?, John M. Greabe
Law Faculty Scholarship

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Domicile, Student Voters and the Constitution, John M. Greabe
Law Faculty Scholarship

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Emerging Constitutional Conflicts and the Role of Courts, John M. Greabe
Law Faculty Scholarship

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2016

Difficult Questions for the Senate Minority, John M. Greabe
Law Faculty Scholarship

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Taking Stock: Why the Supreme Court’s Decision to Apply the Market-Value Standard in Horne II Further Complicates the Just Compensation Requirement, Greg Seidner
The University of New Hampshire Law Review

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My Turn: 'We the People' and the Garland Nomination, John M. Greabe
Law Faculty Scholarship

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The Riddle of Harmless Error Revisited, John M. Greabe
Law Faculty Scholarship

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Incitement, Threats, and Constitutional Guarantees: First Amendment Protections pre- and post-Elonis, Mark Strasser
The University of New Hampshire Law Review

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2014

Segregation in United States Healthcare: From Reconstruction to Deluxe Jim Crow, Kerri L. Hunkele
Honors Theses and Capstones

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Remedial Discretion in Constitutional Adjudication, John M. Greabe
Law Faculty Scholarship

Noel Canning and Remedial Obligation Under the Constitution, John M. Greabe
Law Faculty Scholarship

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The Child Independence is Born: James Otis and Writs of Assistance, James M. Farrell
Communication

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One and Inseparable: The Union and Deliberative Conduct in Webster's "Reply to Hayne.", James M. Farrell
Communication

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The Divergence of Modern Jurisprudence from the Original Intent for Federalist and Tenth Amendment Limitations on the Treaty Power, Steven T. Voigt
The University of New Hampshire Law Review

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2013

Constitutional Remedies & Public Interest Balancing, John M. Greabe
Law Faculty Scholarship

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2012

Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt’s Development, Randolph N. Jonakait
The University of New Hampshire Law Review

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The Constitution & Student Voting, John M. Greabe
Law Faculty Scholarship

Foreword: Constitutional Constraints State Health Care & Privacy Regulation after Sorrell v. IMS Health, John M. Greabe
Law Faculty Scholarship

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2011

Obama's Failed Attempt to Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship

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A Machine Made of Words: Our Incompletely Theorized Constitution, Gregory Brazeal
The University of New Hampshire Law Review

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2010

State v. Burgess: A Limitation on a Defendant’s Right to Remain Innocent, Elizabeth Lahey
The University of New Hampshire Law Review

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2008

The Supreme Courts: Did September 11th Accelerate Their Sanctioning the Constitutionality of Criminalizing Suspicion?, Dannye Holley
The University of New Hampshire Law Review

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Death Is Unconstitutional: How Capital Punishment Became Illegal in America—A Future History, Jur. Eric Engle Ph.D.
The University of New Hampshire Law Review

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Completely Unguided Discretion: Admitting Non-Statutory Aggravating and Non-Statutory Mitigating Evidence in Capital Sentencing Trials, Sharon Turlington
The University of New Hampshire Law Review

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A Better Path for Constitutional Tort Law, John M. Greabe
Law Faculty Scholarship

2007

A Wolf in Sheep’s Clothing: The Unilateral Executive and the Separation of Powers, Thomas J. Cleary
The University of New Hampshire Law Review

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Human Zoning: The Constitutionality of Sex-Offender Residency Restrictions as Applied to Post-Conviction Offenders, Ryan Hawkins
The University of New Hampshire Law Review

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2006

Model Continuity of Congress Statute, Seth Barrett Tillman
The University of New Hampshire Law Review

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Comment - Assuring Continuity of Government, Sanford Levinson
The University of New Hampshire Law Review

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Does Changing the Definition of Science Solve the Establishment Clause Problem for Teaching Intelligent Design as Science in Public Schools? Doing an End-Run Around the Constitution, Ann Marie Lofaso
The University of New Hampshire Law Review

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Legislative Delegation and Two Conceptions of the Legislative Power, Robert C. Sarvis
The University of New Hampshire Law Review

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2005

States’ Rights and the Scope of the Treaty Power: Could the Patriot Act be Constitutional as a Treaty?, Simcha Herzog
The University of New Hampshire Law Review

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2004

The Confines of Modern Constitutionalism, David T. Butleritchie
The University of New Hampshire Law Review

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The Rehnquist Revolution, Erwin Chemerinsky
The University of New Hampshire Law Review

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2003

Justice Scalia's Tax Jurisprudence, Stephen T. Black, Katherine D. Black
Law Faculty Scholarship

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1999

Mirabile Dictum! The Case for 'Unnecessary' Constitutional Rulings in Civil Rights Damages Actions, John M. Greabe
Law Faculty Scholarship

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1990

Should Trial by Jury Be Eliminated in Complex Cases, Hugh H. Bownes
RISK: Health, Safety & Environment (1990-2002)

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