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Liberalism And The Worst-Result Principle: Preventing Tyranny, Protecting Civil Liberty, Candice Delmas
Liberalism And The Worst-Result Principle: Preventing Tyranny, Protecting Civil Liberty, Candice Delmas
Philosophy Theses
What I dub the “worst-result” principle is a criterion that identifies civil war and tyranny as the worst evils that could befall a state, and prescribes their prevention. In this thesis, I attempt to define the worst-result principle’s concrete prescriptions and institutional arrangements to meet these. To do so, I explore different understandings of the worst-result principle, that each contributes to the general argument. Montesquieu’s crucial insight concerns the separation of powers to prevent the state from collapsing into despotism. Judith Shklar shows that ‘damage control’ needs to be constantly performed so as to minimize chances of governmental brutality. Roberto …
Politics, Police, Past And Present: Larry Kramer's The People Themselves, Christopher Tomlins
Politics, Police, Past And Present: Larry Kramer's The People Themselves, Christopher Tomlins
Chicago-Kent Law Review
This article addresses aspects of the debate over Larry Kramer's The People Themselves and, more generally, current interest in popular constitutionalism before engaging, briefly, with the book itself. Because I find Kramer's book in general terms unexceptionable I see no particular reason to engage in the kind of lengthy critical assessment undertaken by those scholars whose disagreements with the book are pronounced. Instead I focus on three "sites" that the book traverses that I consider sites of missed opportunity. They are, first, the question of the people and the Constitution; second, the people and politics; third, the question of police …
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
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 …
Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer
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.
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
Fordham Law Review
No abstract provided.
Political Power And Judicial Power: Some Observations On Their Relation, Mark V. Tushnet
Political Power And Judicial Power: Some Observations On Their Relation, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Essay summarizes and perhaps extends slightly some important recent work, mostly by political scientists, on the structural relation between the array of political power in a nation's nonjudicial branch or branches and the way in which judicial review is exercised in relatively stable democracies. Robert Dahl's classic article identified one such relation. According to Dahl, "[e]xcept for short-lived transitional periods when the old alliance is disintegrating and the new one is struggling to take control of political institutions, the Supreme Court is inevitably a part of the dominant national alliance." What, though, if there is no "dominant" national political …
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Fordham Law Review
No abstract provided.
Judicial Review Under The Immigration And Nationality Act: Habeas Corpus And The Coming Of Real Id (1996-2005), David M. Mcconnell
Judicial Review Under The Immigration And Nationality Act: Habeas Corpus And The Coming Of Real Id (1996-2005), David M. Mcconnell
NYLS Law Review
No abstract provided.