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Full-Text Articles in Law

But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman Oct 2016

But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman

William & Mary Bill of Rights Journal

No abstract provided.


Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte Mar 2016

Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte

Georgia Journal of International & Comparative Law

No abstract provided.


The Indefinite Deflection Of Congressional Standing, Nat Stern Feb 2016

The Indefinite Deflection Of Congressional Standing, Nat Stern

Pepperdine Law Review

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …


Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind—And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron Jan 2016

Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind—And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron

Osgoode Hall Law Journal

This is a book review of Healy, Thomas. The Great Dissent: How Oliver Wendell Holmes Changed his Mind—and Changed the History of Free Speech in America. Metropolitan Books, Henry Holt and Co. 2013.


Formal Versus Functional Method In Comparative Constitutional Law, Francesca Bignami Jan 2016

Formal Versus Functional Method In Comparative Constitutional Law, Francesca Bignami

Osgoode Hall Law Journal

In the field of comparative constitutional law, the dominant approach to concept formation and research design is formal. That is, comparative projects generally identify what counts as the supreme law that can be enforced against all other sources of law based on the “constitutional” label of the positive law (written constitutions and the jurisprudence of constitutional courts) and the law books. This formal method, however, has significant limitations when compared with the functional method used in the field of comparative law more generally speaking. After a brief exposition of the functional method, this article explores the advantages of the functional …


Dead Hands, Living Trees, Historic Compromises: The Senate Reform And Supreme Court Act References Bring The Originalism Debate To Canada, J. Gareth Morley Jan 2016

Dead Hands, Living Trees, Historic Compromises: The Senate Reform And Supreme Court Act References Bring The Originalism Debate To Canada, J. Gareth Morley

Osgoode Hall Law Journal

Recent American debates about the relationship between the historic political compromises underlying constitutional provisions and their contemporary judicial application have been largely ignored in Canada. The Supreme Court of Canada has only twice referred to originalism—and never positively. But in two 2014 decisions about how central institutions of government—the Senate and the Supreme Court of Canada itself—might be changed, the Court relied on the underlying historic political compromises to interpret the Constitution, rejecting arguments from the text or democratic principle. In this article, I consider how Canadian courts have looked to history in the past and in the 2014 decisions, …