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Constitutional Law

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2011

Constitutional rights

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Full-Text Articles in Law

Reuven Avi-Yonah's Citizens United And The Corporate Form: Still Unuseful, William Wilson Bratton Jan 2011

Reuven Avi-Yonah's Citizens United And The Corporate Form: Still Unuseful, William Wilson Bratton

Articles

I welcome Avi-Yonah's new deployments of descriptive theories of the corporation. But I traversed this territory years ago and came away with a skeptical view of the enterprise. Although Avi-Yonah's interventions are compelling in the encounter, I remain unconvinced that the theories have important lessons to teach us.


Fundamental Norms, International Law, And The Extraterritorial Constitution, Jules Lobel Jan 2011

Fundamental Norms, International Law, And The Extraterritorial Constitution, Jules Lobel

Articles

The Supreme Court, in Boumediene v. Bush, decisively rejected the Bush Administration's argument that the Constitution does not apply to aliens detained by the United States government abroad. However, the functional, practicality focused test articulated in Boumediene to determine when the constitution applies extraterritorially is in considerable tension with the fundamental norms jurisprudence that underlies and pervades the Court’s opinion. This Article seeks to reintegrate Boumediene's fundamental norms jurisprudence into its functional test, arguing that the functional test for extraterritorial application of habeas rights should be informed by fundamental norms of international law. The Article argues that utilizing international law’s …