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2006

Constitutional Law

University of Maryland Francis King Carey School of Law

Judicial review

Articles 1 - 15 of 15

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From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber Jan 2006

From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber

Faculty Scholarship

No abstract provided.


Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber Jan 2006

Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber

Faculty Scholarship

This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the …


The Maryland/Georgetown Constitutional Law Schmooze - Foreword: From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber Jan 2006

The Maryland/Georgetown Constitutional Law Schmooze - Foreword: From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber

Maryland Law Review

No abstract provided.


Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein Jan 2006

Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein

Maryland Law Review

No abstract provided.


Delegation To Courts And Legitimacy, Karol Soltan Jan 2006

Delegation To Courts And Legitimacy, Karol Soltan

Maryland Law Review

No abstract provided.


Distinguishing Formal From Institutional Democracy, Paul Frymer Jan 2006

Distinguishing Formal From Institutional Democracy, Paul Frymer

Maryland Law Review

No abstract provided.


"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint Jan 2006

"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint

Maryland Law Review

No abstract provided.


Smoke, Not Fire, Neal Devins Jan 2006

Smoke, Not Fire, Neal Devins

Maryland Law Review

No abstract provided.


Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink Jan 2006

Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink

Maryland Law Review

No abstract provided.


Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine Jan 2006

Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine

Maryland Law Review

No abstract provided.


Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer Jan 2006

Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer

Maryland Law Review

No abstract provided.


Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux Jan 2006

Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux

Maryland Law Review

No abstract provided.


Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff Jan 2006

Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff

Maryland Law Review

No abstract provided.


Judicial Power And Mobilizable History, Richard A. Primus Jan 2006

Judicial Power And Mobilizable History, Richard A. Primus

Maryland Law Review

No abstract provided.


Juristocracy In The American States?, Robert F. Williams Jan 2006

Juristocracy In The American States?, Robert F. Williams

Maryland Law Review

No abstract provided.