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'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter
'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter
Law Faculty Research Publications
The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …
Does Justice Have A Syntax?, Steven L. Winter
Does Justice Have A Syntax?, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Law Faculty Research Publications
No abstract provided.
Keeping Faith With Nomos, Steven L. Winter
Keeping Faith With Nomos, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Reconsidering Thornton V. Caldor, Christopher C. Lund
Reconsidering Thornton V. Caldor, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
State Court Protection Of Individual Constitutional Rights: State Constitutional Structures Affect Access To Civil Justice, Justin R. Long
State Court Protection Of Individual Constitutional Rights: State Constitutional Structures Affect Access To Civil Justice, Justin R. Long
Law Faculty Research Publications
No abstract provided.
Guns, Gays, And Ganja, Justin R. Long
Guns, Gays, And Ganja, Justin R. Long
Law Faculty Research Publications
No abstract provided.
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Using Historic Preservation Laws To Halt The Destruction Of Porch Culture In The Lower Ninth Ward Of New Orleans, Jamila Jefferson-Jones
Using Historic Preservation Laws To Halt The Destruction Of Porch Culture In The Lower Ninth Ward Of New Orleans, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long
State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long
Law Faculty Research Publications
No abstract provided.
Understanding The Establishment Clause: A Revisit, Robert A. Sedler
Understanding The Establishment Clause: A Revisit, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Separation Of Church And State, Neutrality And Religious Freedom In American Constitutional Law, Robert A. Sedler
Separation Of Church And State, Neutrality And Religious Freedom In American Constitutional Law, Robert A. Sedler
Law Faculty Research Publications
Religious freedom is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious freedom by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause protects against the “establishment” of an official church by the government and against governmental action “establishing religion,” while the Free Exercise clause is a textual guarantee of peoples’ right to practice their religion and to hold and act on religious beliefs, free from governmental interference. The Establishment Clause would appear to an outside observer as strongly endorsing the concept of separation of church and state, and the …
State Constitutions As Interactive Expressions Of Fundamental Values, Justin R. Long
State Constitutions As Interactive Expressions Of Fundamental Values, Justin R. Long
Law Faculty Research Publications
No abstract provided.
Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn …
The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler
The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler
Law Faculty Research Publications
Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of freedom …
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Law Faculty Research Publications
Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.
The Constitution And The American Federal System, Robert A. Sedler
The Constitution And The American Federal System, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund
Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Are State Constitutions Un-American?, Justin R. Long
Are State Constitutions Un-American?, Justin R. Long
Law Faculty Research Publications
No abstract provided.
A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler
A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Our Eighteenth Century Constitution, The Electoral College, And Congressional Reapportionment: A Response To Professor Daniel Tokaji, Robert Allen Sedler
Our Eighteenth Century Constitution, The Electoral College, And Congressional Reapportionment: A Response To Professor Daniel Tokaji, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman
Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
The Protection Of Religious Freedom Under The American Constitution, Robert A. Sedler
The Protection Of Religious Freedom Under The American Constitution, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Constitution, The Courts And The Common Law, Robert A. Sedler
The Constitution, The Courts And The Common Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
States Sue Federal Government Over Medicare Clawback Payments, Susan E. Cancelosi
States Sue Federal Government Over Medicare Clawback Payments, Susan E. Cancelosi
Law Faculty Research Publications
No abstract provided.
An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler
An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Intermittent State Constitutionalism, Justin R. Long
Intermittent State Constitutionalism, Justin R. Long
Law Faculty Research Publications
No abstract provided.
Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler
Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson
Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.