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Holdings, Dicta, And The Paradigms Of Precedent, Randy J. Kozel
Holdings, Dicta, And The Paradigms Of Precedent, Randy J. Kozel
Randy J Kozel
In United States v. Windsor, the Supreme Court invalidated a key provision of the federal Defense of Marriage Act. In doing so, it raised significant questions about the power of states to limit the institution of marriage to opposite-sex couples. That issue was not presented in Windsor itself, but Windsor’s reasoning and rhetoric have already begun to play a pivotal role in ensuing challenges to state laws. Determining the future effects of Windsor, or of any other Supreme Court decision, requires defining the scope of judicial precedent. One account of precedent is restrictive: Only a court’s holdings must …
When Religion And Law Conflict, Alan Garfield
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
Erin Daly
The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …
Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen
Mark D. Rosen
No abstract provided.