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A New Natural Law Reading Of The Constitution, Santiago Legarre Apr 2018

A New Natural Law Reading Of The Constitution, Santiago Legarre

Louisiana Law Review

The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.


Characterizing Constitutional Inputs, Michael Coenen Jan 2018

Characterizing Constitutional Inputs, Michael Coenen

Journal Articles

No abstract provided.


The Government’S Lies And The Constitution, Helen L. Norton Dec 2015

The Government’S Lies And The Constitution, Helen L. Norton

Indiana Law Journal

The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …


Interpreting Force Authorization, Scott Sullivan Oct 2015

Interpreting Force Authorization, Scott Sullivan

Journal Articles

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …


Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle Jun 2015

Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle

Donald L. Beschle

No abstract provided.


Constitutional Privileging, Michael Coenen Jun 2013

Constitutional Privileging, Michael Coenen

Journal Articles

“Constitutional privileging” occurs when courts treat the constitutional status of a legal claim as a reason to afford it specialized procedural or remedial treatment — in effect providing to that claim a greater degree of judicial care and attention than its nonconstitutional counterparts receive. Though seldom scrutinized by courts and commentators, this practice occurs within a variety of doctrinal settings. For example, a stricter standard of harmless error review governs constitutional claims; district court findings of facts (and mixed findings) are subject to a stricter form of appellate review in constitutional cases; collateral relief from federal court judgments is more …


Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen Jun 2012

Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen

Journal Articles

Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …


Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry Jul 1999

Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry

Indiana Law Journal

No abstract provided.


Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz Oct 1992

Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz

Indiana Law Journal

No abstract provided.


Original Intent And Boris Bittker, Raoul Berger Jul 1991

Original Intent And Boris Bittker, Raoul Berger

Indiana Law Journal

No abstract provided.


Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker Jul 1991

Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker

Indiana Law Journal

No abstract provided.


Getting The Facts: Empirical Evaluation And The Constitutionality Of Pre-Abortion Parental Notification Statutes, Stephen J. Anderer Jan 1991

Getting The Facts: Empirical Evaluation And The Constitutionality Of Pre-Abortion Parental Notification Statutes, Stephen J. Anderer

Villanova Law Review

No abstract provided.


Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile Jan 1989

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.


The Unconstitutionality Of Medical Malpractice Statutes Of Repose: Judicial Conscience Versus Legislative Will, Christopher J. Trombetta Jan 1989

The Unconstitutionality Of Medical Malpractice Statutes Of Repose: Judicial Conscience Versus Legislative Will, Christopher J. Trombetta

Villanova Law Review

No abstract provided.


The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke Jan 1989

The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke

University of Miami Law Review

No abstract provided.


Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle Jul 1988

Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle

Indiana Law Journal

No abstract provided.


The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter Jan 1988

The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter

Indiana Law Journal

No abstract provided.


The New Standard Of Review For Prisoners' Rights: A Turner For The Worse - Turner V. Safley, Lorijean Golichowski Oei Jan 1988

The New Standard Of Review For Prisoners' Rights: A Turner For The Worse - Turner V. Safley, Lorijean Golichowski Oei

Villanova Law Review

No abstract provided.


Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington Jan 1987

Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington

Villanova Law Review

No abstract provided.


Cabana V. Bullock: The Proper Tribunal-The Supreme Court Revisits Enmund V. Florida, Deborah Sachs May 1986

Cabana V. Bullock: The Proper Tribunal-The Supreme Court Revisits Enmund V. Florida, Deborah Sachs

University of Miami Law Review

No abstract provided.


Television Coverage Of Trials: Constitutional Protection Against Absolute Denial Of Access In The Absence Of A Compelling Interest, Carolyn E. Riemer Jan 1985

Television Coverage Of Trials: Constitutional Protection Against Absolute Denial Of Access In The Absence Of A Compelling Interest, Carolyn E. Riemer

Villanova Law Review

No abstract provided.


A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger Jul 1984

A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger

Indiana Law Journal

No abstract provided.


Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer Sep 1983

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick Apr 1981

First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick

West Virginia Law Review

No abstract provided.


Social Commentary: Values And Legal Personhood, Jeffrey A. Parness Apr 1981

Social Commentary: Values And Legal Personhood, Jeffrey A. Parness

West Virginia Law Review

No abstract provided.


Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii Jan 1980

Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii

Indiana Law Journal

No abstract provided.


Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress Sep 1979

Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress

West Virginia Law Review

No abstract provided.


Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld Jun 1979

Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld

West Virginia Law Review

No abstract provided.


Administrative Adjudication Of Constitutional Questions: Confusion In Florida Law And A Dying Misconception In Federal Law, Alan C. Swan Mar 1979

Administrative Adjudication Of Constitutional Questions: Confusion In Florida Law And A Dying Misconception In Federal Law, Alan C. Swan

University of Miami Law Review

It has long been held that Florida administrative agencies are powerless to pass upon constitutional challenges to statutes. In two recent decisions, however, the Supreme Court of Florida has sanctioned an extension of this traditional rule which would prohibit Florida administrative agencies from passing upon constitutional challenges to their own rules and regulations. The author demonstrates that this extension and the theory upon which it is based are not supported by precedent or sound policy. The author then traces the development of the traditionalp rohibition in both the Florida and federal courts and concludes that although the courts have sometimes …


The Privileges And Immunities Clause: A Reaffirmation Of Fundamental Rights, Jean G. Howard Mar 1979

The Privileges And Immunities Clause: A Reaffirmation Of Fundamental Rights, Jean G. Howard

University of Miami Law Review

In this note, the author examines the continuing debate over the role of the judiciary in reviewing state legislative acts and indicates the continued reluctance of the Supreme Court of the United States to expand the content of rights protected under the privileges and immunities clause of article IV and the fourteenth amendment. The author concludes that the present refusal of the Court to impose its own value judgments over those of the state legislature is consistent with the purpose and past interpretation of the privileges and immunities clause, absent a conflict with other rights of the Constitution.