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Articles 1 - 5 of 5
Full-Text Articles in Law
Moral Truth And Constitutional Conservatism, Gerard V. Bradley
Moral Truth And Constitutional Conservatism, Gerard V. Bradley
Louisiana Law Review
Conservative constitutionalism is committed to "originalism," that is, to interpreting the Constitution according to its original public understanding. This defining commitment of constitutional interpretation is sound. For decades, however, constitutional conservatives have diluted it with a methodology of restraint, a normative approach to the judicial task marked by an overriding aversion to critical moral reasoning. In any event, the methodology eclipsed originalism and the partnership with moral truth that originalism actually entails. Conservative constitutionalism is presently a mélange of mostly unsound arguments against the worst depredations of Casey's Mystery Passage. The reason for the methodological moral reticence is easy to …
A New Natural Law Reading Of The Constitution, Santiago Legarre
A New Natural Law Reading Of The Constitution, Santiago Legarre
Louisiana Law Review
The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.
Restitution And The Excessive Fines Clause, Kevin Bennardo
Restitution And The Excessive Fines Clause, Kevin Bennardo
Louisiana Law Review
The article offers solutions to further the conversation regarding the U.S. constitution's Eighth Amendment's limits on restitution. Topics discussed include application of Excessive Fines Clause; the case law interpreting the Excessive Fines Clause of the Eighth Amendment; and ways in which Excessive Fines Clause should be applied to restitution in criminal cases.
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials
Louisiana Law Review
The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Louisiana Law Review
The article offers information related to the dormant Commerce Clause doctrine (DCCD), a legal doctrine that courts in the U.S. have inferred from the commerce clause related to the prohibition of the extraterritorial state legislation. It mentions that the clause expressly grants congress the power to regulate commerce among the several states.