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Articles 1 - 9 of 9
Full-Text Articles in Law
Francesco Palermo & Karl Kössler's Comparative Federalism: Constitutional Arrangements And Case Law (Book Review), James A. Gardner
Francesco Palermo & Karl Kössler's Comparative Federalism: Constitutional Arrangements And Case Law (Book Review), James A. Gardner
Book Reviews
No abstract provided.
Review Of Federal Dynamics: Continuity, Change, And The Varieties Of Federalism, Arthur Benz And Jorg Broscheck, Eds. (2013), James A. Gardner
Review Of Federal Dynamics: Continuity, Change, And The Varieties Of Federalism, Arthur Benz And Jorg Broscheck, Eds. (2013), James A. Gardner
Book Reviews
No abstract provided.
Review Of Constitutional Dynamics In Federal Systems: Sub-National Perspectives, Edited By Michael Burgess And G. Alan Tarr, James A. Gardner
Review Of Constitutional Dynamics In Federal Systems: Sub-National Perspectives, Edited By Michael Burgess And G. Alan Tarr, James A. Gardner
Book Reviews
No abstract provided.
Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke
Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke
Book Reviews
This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …
Michael S. Greve's The Upside-Down Constitution (Book Review), James A. Gardner
Michael S. Greve's The Upside-Down Constitution (Book Review), James A. Gardner
Book Reviews
No abstract provided.
Reason, The Common Law, And The Living Constitution (Review Of The Living Constitution By David Strauss), Matthew J. Steilen
Reason, The Common Law, And The Living Constitution (Review Of The Living Constitution By David Strauss), Matthew J. Steilen
Book Reviews
This article reviews David Strauss’s recent book, The Living Constitution. The thesis of Strauss’s book is that constitutional law is a kind of common law, based largely on judicial precedent and common-sense judgments about what works and what is fair. Strauss argues constitutional doctrines prohibiting discrimination and protecting free speech have a common law basis, and that the originalist would have to reject them. However, it is unclear that the common law can justify these rights. This review examines Strauss’s account of the common law and shows why it cannot justify our First Amendment protections of subversive advocacy, as Strauss …
Review Of The Constitution’S Text In Foreign Affairs, Daniel Marcus
Review Of The Constitution’S Text In Foreign Affairs, Daniel Marcus
Book Reviews
American constitutional historians and jurists have debated for decades what to make of the Constitution's relative silence about foreign affairs. The framers said a good deal about one aspect of foreign affairs—war powers. However, there are only a few provisions dealing with diplomacy and foreign affairs more generally, empowering the President to make treaties and name ambassadors, but only with the advice and consent of the Senate. Nonetheless, the lesson of American history and constitutional law, at least since the early twentieth century, is that the President has the preeminent if not exclusive role in shaping and conducting U.S. foreign …
Jenna Bednar's The Robust Federation: Principles Of Design (Book Review), James A. Gardner
Jenna Bednar's The Robust Federation: Principles Of Design (Book Review), James A. Gardner
Book Reviews
No abstract provided.
Christopher F. Zurn's Deliberative Democracy And The Institutions Of Judicial Review (Book Review), James A. Gardner
Christopher F. Zurn's Deliberative Democracy And The Institutions Of Judicial Review (Book Review), James A. Gardner
Book Reviews
No abstract provided.