Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional Law (80)
- Constitutional History (31)
- Constitutional law (19)
- First Amendment (19)
- Law and Society (18)
-
- Civil Rights and Discrimination (17)
- Courts (14)
- Public Law and Legal Theory (13)
- Jurisprudence (11)
- Legal History (11)
- Human Rights Law (10)
- Legislation (10)
- Politics (10)
- Supreme Court (10)
- Criminal Law and Procedure (9)
- First amendment (8)
- Fourteenth Amendment (8)
- Comparative and Foreign Law (7)
- Constitution (6)
- Discrimination (6)
- Equal protection (6)
- International Law (6)
- Judges (6)
- Religion (6)
- Environmental Law (5)
- Free speech (5)
- Originalism (5)
- Constitutional history (4)
- Economics (4)
- Education Law (4)
- Publication
-
- Peter J. Aschenbrenner (31)
- Adam Lamparello (10)
- Alan E Garfield (9)
- Robert G. Natelson (4)
- Tom Ginsburg (4)
-
- Mel Cousins (3)
- Neil J. Kinkopf (3)
- Stephen M. Feldman (3)
- Casey J Cooper (2)
- Donald J. Kochan (2)
- Eduardo M. Peñalver (2)
- Fabio P L Almeida (2)
- Gila Stopler (2)
- Jianlin Chen (2)
- John F. Stinneford (2)
- John O. Hayward (2)
- Josh Chafetz (2)
- Khagesh Gautam (2)
- Martin A. Schwartz (2)
- Teresa M. G. Da Cunha Lopes (2)
- Amanda C Pustilnik (1)
- Andrea Beauchamp Carroll (1)
- Anne S. Emanuel (1)
- Barry Cushman (1)
- Bradley J Young JD PhD (1)
- Brian Slattery (1)
- Carl J. Circo (1)
- Carlos Luiz Strapazzon (1)
- Chad DeVeaux (1)
- Chan Louis (1)
- File Type
Articles 1 - 30 of 171
Full-Text Articles in Entire DC Network
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Muna B Ndulo
In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …
Deconstructing Nondelegation, Cynthia R. Farina
Deconstructing Nondelegation, Cynthia R. Farina
Cynthia R. Farina
This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly rather than …
A Comment On Costs In Constitutional Cases, Iain Field
A Comment On Costs In Constitutional Cases, Iain Field
Iain Field
Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which …
Multiplicity In Federalism And The Separation Of Powers, Josh Chafetz
Multiplicity In Federalism And The Separation Of Powers, Josh Chafetz
Josh Chafetz
By highlighting multiplicity in the federalism context, Alison LaCroix’s new book does constitutional scholarship a great service. Her tracing of the federal idea in the 1760s and 1770s, as well as her tracing of jurisdictional ideas in the early Republic, is thorough and insightful. But it is unclear why her focus suddenly narrows from the federal idea—the idea that multiplicity in levels of government was a virtue rather than a vice—to federal jurisdiction. Certainly, as this Review has endeavored to show, her claim that federalism discourse after 1787 reduced entirely (or even primarily) to jurisdictional debates cannot stand. And this …
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Josh Chafetz
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Representação Democrática Do Judiciário: Reflexões Preliminares Sobre Os Riscos E Dilemas De Uma Ideia Em Ascensão, Jane Reis Gonçalves Pereira
Representação Democrática Do Judiciário: Reflexões Preliminares Sobre Os Riscos E Dilemas De Uma Ideia Em Ascensão, Jane Reis Gonçalves Pereira
Jane Reis Gonçalves Pereira
O presente trabalho busca apresentar algumas reflexões sobre os riscos e dilemas da ideia de que o Poder Judiciário tem uma dimensão representativa, construindo um embasamento teórico preliminar para a compreensão crítica do tema. Confrontando concepções diversas de representação, são propostos três questionamentos: 1) o Poder Judiciário pode ser entendido como um espaço de representação do povo? 2) Quais são os riscos e implicações de reconhecer, conceitualmente, que o Judiciário tem uma face representativa? 3) Quais são os ônus e limites institucionais que o reconhecimento de tal atributo deve impor aos juízes
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.
Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford
Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford
John F. Stinneford
In the Supreme Court's latest Eighth Amendment decision, Miller v. Alabama, the Court held that statutes authorizing mandatory sentences of life in prison with no possibility of parole are unconstitutional as applied to offenders who were under eighteen when they committed their crimes. This short essay examines several themes presented in Miller, including the constitutional significance of youth and science, the legitimacy of mandatory life sentences and juvenile transfer statutes, and the conflict between “evolving standards of decency” and the Supreme Court’s “independent judgment.” This essay also introduces important articles by Richard Frase, Carol Steiker and Jordan Steiker, Franklin Zimring …
Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield
Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield
Alan E Garfield
No abstract provided.
North America Time For A New Focus, Daniel Cassidy
North America Time For A New Focus, Daniel Cassidy
Daniel Cassidy
The United States, Canada, and Mexico are bound by a shared geography, history, and environment. In the twenty years since the passage of the North American Free Trade Agreement, the continent’s three economies and societies have become deeply intertwined, making relations between the United States and its immediate neighbors more important than ever. In 2005, in conjunction with counterpart organizations in Canada and Mexico, the Council on Foreign Relations published Building a North American Community, which proposed the establishment of a North American economic and security community by 2010, the boundaries of which would be defined by a common external …
Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale
Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale
Elizabeth Dale
In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …
The Case For Defamatory Opinion, Adam Lamparello
The Case For Defamatory Opinion, Adam Lamparello
Adam Lamparello
The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite another to …
The Concept Of Religion, Eduardo M. Peñalver
The Concept Of Religion, Eduardo M. Peñalver
Eduardo M. Peñalver
No abstract provided.
Restoring The Right Constitution?, Eduardo M. Peñalver
Restoring The Right Constitution?, Eduardo M. Peñalver
Eduardo M. Peñalver
After years of relative neglect, the past few decades have witnessed a dramatic renewal of interest in the natural law tradition within philosophical circles. This natural law renaissance, however, has yet to bear much fruit within American constitutional discourse, especially among commentators on the left. In light of its low profile within contemporary constitutional debates, an effort to formulate a natural law constitutionalism is almost by definition an event worthy of sustained attention. In "Restoring the Lost Constitution," Randy Barnett draws heavily upon a natural law theory of constitutional legitimacy to argue in favor of a radically libertarian reading of …
The Case For Defamatory Opinion, Adam Lamparello
The Case For Defamatory Opinion, Adam Lamparello
Adam Lamparello
The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite another to …
Who Speaks For The ‘People’ On Policy?, Alan E. Garfield
Who Speaks For The ‘People’ On Policy?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner
Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
Of the 831 unique words in the Philadelphia Constitution, what were the most frequently used words? The least? OCL lists all unique words in rank order with and without frequencies, accounting for the word total of 4,321 words in the Philadelphia Constitution.
The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner
The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner
Peter J. Aschenbrenner
There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure, Our Constitutional Logic paraphrases the immediate cause of the Civil War, with citation to Dred Scott’s case at 60 U.S. 393, 446 (1857). That, however, is not the only defect in the purchase of Alaska from the Czar of the Russias. Our Constitutional Logic investigates the non-Euclidean geometry pertinent to the treaty’s boundaries such as they might appear on the sphere near you.
Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner
Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner
Peter J. Aschenbrenner
The employment of earthworks and breastworks in defense of dense communities is considered in light of the advice of Baron Henri de Jomini which the Secretary of Defense transmitted before Madison appointed. Because the Secretary failed to follow the Baron’s advice – which the Secretary had transmitted into print culture as Hints to Young Generals – Madison sacked him after the battle of Bladensburg.
James Madison’S Federalist No. 10 Considered In A Very Large State, Peter J. Aschenbrenner
James Madison’S Federalist No. 10 Considered In A Very Large State, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Peter Onuf’s essay in All Over the Map: The Origins of American Sectionalism measures the cost of diversity in constituencies: eventually geography tears a nation apart or supplies the preconditions for its destruction. James Madison’s Federalist No. 10 argues that large republics are possible, a thesis (obliquely) opposed to Onuf’s. Our Constitutional Logic investigates.
Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner
Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787. The best known are Major Wm. Jackson and James Madison, the convention’s official Secretary and its unofficial note-taker, respectively. The efforts of all twelve note-takers are surveyed by output.
The Significance Of As 8.08.207 And Marshall’S Mcculloch, Peter J. Aschenbrenner
The Significance Of As 8.08.207 And Marshall’S Mcculloch, Peter J. Aschenbrenner
Peter J. Aschenbrenner
To become a lawyer in Alaska study at an accredited law school is rendered (potentially) avoidable if a student can study the branches of the law as prescribed by the course of study adopted by the University of Alaska, by which paraphrase Our Constitutional Logic cites the reader to AS 8.08.207(c).
Table Annexed To Article: Farrand's Volume Three Consisting Of Reports On The Federal Convention (1911, Rev. 1937) In Mr Text Format, Peter J. Aschenbrenner
Table Annexed To Article: Farrand's Volume Three Consisting Of Reports On The Federal Convention (1911, Rev. 1937) In Mr Text Format, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic presents machine searchable text of volume 3 of Max Farrand’s 1937 (revised edition) of his Records of the Federal Convention. This is the most important experiment in assembling meta-text in the Twentieth Century. OCL’s MR format enables machine searching. The word count returns 226,481. The Federalist essays count 189,728 words.
The Significance Of As 8.08.207 And Marshall's Mcculloch, Peter J. Aschenbrenner
The Significance Of As 8.08.207 And Marshall's Mcculloch, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Madison’s Federalist No. 10 theorized that size wasn’t an issue when it came to constructing a large republic. Our Constitutional Logic investigates events as they devolved upon the admission of Alaska to the Union on January 3, 1959.
As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner
As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The legislative council shall annually examine, AS 24.20.065(a) provides in paraphrase, published opinions of state courts that rely on state statutes if the opinions indicate unclear or ambiguous statutes. Our Constitutional Logic examines the collaboration theory of lawmakers, on the codelaw and caselaw side of the ledger.
As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner
As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner
Peter J. Aschenbrenner
The legislative council shall annually examine, AS 24.20.065(a) provides in paraphrase, published opinions of state courts that rely on state statutes if the opinions indicate unclear or ambiguous statutes. Our Constitutional Logic examines the collaboration theory of lawmakers, on the codelaw and caselaw side of the ledger.
Table Annexed To Article: Sources Supplied In Support Of "Managing Military Talent And Tactics In Defense Of A National Capital: Madison's 'Lessons Learned' From Napoleon's Capture Of Moscow", Peter J. Aschenbrenner
Table Annexed To Article: Sources Supplied In Support Of "Managing Military Talent And Tactics In Defense Of A National Capital: Madison's 'Lessons Learned' From Napoleon's Capture Of Moscow", Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic, in line with its usual practice of enabling access to resources, has posted (in MR text format) the eight most important texts which support or shed light on the points made in the main article, titled above, which will be posted separately. A preliminary version will be read to a panel of the Society for the Historians of the Early American Republic at its Philadelphia conference in July, 2014. The table directs the reader to the URLs for each of the eight texts, including unpublished letters of Adm. Alexander Cochrane. The table includes other materials such as …
Table Annexed To Article: Luther Martin's Genuine Information In Mr Text Format (1787), Peter J. Aschenbrenner
Table Annexed To Article: Luther Martin's Genuine Information In Mr Text Format (1787), Peter J. Aschenbrenner
Peter J. Aschenbrenner
In his address to the Maryland House of Delegates in November 1787, supplemented by public correspondence Martin attacked the proposed federal government, thereafter continuing his fight into the Maryland ratification convention. His Genuine Information, Delivered To The Legislature Of The State Of Maryland, Relative To The Proceedings Of The General Convention, Held At Philadelphia, In 1787, By Luther Martin, Esq., Attorney-General Of Maryland, And One Of The Delegates In The Said Convention, consists of 28,899 words. Our Constitutional Logic publishes a machine readable / machine searchable text which includes the (often omitted) preamble.
Table Annexed To Article: Surveying ‘Enumeration’ And ‘Limited’ In Farrand’S Records Volume Three And The Federalist Essays, Peter J. Aschenbrenner
Table Annexed To Article: Surveying ‘Enumeration’ And ‘Limited’ In Farrand’S Records Volume Three And The Federalist Essays, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic surveyed word counts for ‘enumeration’ and ‘limited’ in the Records of the Federal Convention, volume 3, edited by Max Farrand and in the 85 essays of The Federalist. Results are tabled.
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
Adam Lamparello
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …