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Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin B. Raskin Jan 2014

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Aba, The Section Of Civil Rights And Social Justice, The Constitution, And The Supreme Court, Stephen Wermiel Jan 2014

The Aba, The Section Of Civil Rights And Social Justice, The Constitution, And The Supreme Court, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson Jan 2014

Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This (35 pp.) essay appears as a contribution to a law review symposium on the work of Harvard Law School professor Mary Ann Glendon in comparative law. The essay begins by asking what comparative law as a scholarly discipline might suggest about the use of foreign (or unratified or nationally "unaccepted" international law) by US courts in US constitutional adjudication. The trend seemed to be gathering steam in US courts between the early-1990s and mid-2000s, but by the late-2000s, it appeared to be stalled as a practice, notwithstanding the intense scholarly interest throughout this period.

Practical politics within the US …


Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez Jan 2014

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Articles in Law Reviews & Other Academic Journals

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …


Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, Stephen Wermiel Jan 2014

Behind The U.S. Reports: Justice Brennan's Unpublished Opinions And Memoranda In New York Times V. Sullivan And Its Progeny, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

The contributions Justice William J. Brennan Jr. made to free expression in general and the law of libel in particular are unquestioned. His opinion in New York Times Co. v. Sullivan and cases that followed established sturdy protection for critics of public officials and helped further the marketplace of ideas that is so important for public discourse. Justice Brennan wrote thousands of words about Sullivan and its impact that never appeared in published opinions, however. Often he was required to alter his writings to accommodate the views of other justices needed for a majority. Those unpublished opinions – and memoranda …


From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff Jan 2014

From Third Parties To Parents: The Case Of Lesbian Couples And Their Children, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Justice Brennan And His Law Clerks, Stephen Wermiel Jan 2014

Justice Brennan And His Law Clerks, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.