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Jurisprudence

Series

1994

Institution
Keyword
Publication

Articles 31 - 41 of 41

Full-Text Articles in Law

Response To Hittnger, Gerard V. Bradley Jan 1994

Response To Hittnger, Gerard V. Bradley

Journal Articles

No abstract provided.


Pilgrim Law, Robert E. Rodes Jan 1994

Pilgrim Law, Robert E. Rodes

Journal Articles

A people's laws are deeply imbedded in its culture. They embody its collective moral reflection, its common understanding of the terms on which human beings are to live together, its customs, its historical experience, and its aspirations for the future. It is perhaps to be expected that Americans should enshrine their constitutional documents, build courthouses like temples, deploy their laws with ruthless practicality, and not take kindly to the suggestion that their laws are less practical than they think. Or that Italians should maintain a legal system like an old palazzo, with imposing staircases you can lose you. breath climbing, …


"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin Jan 1994

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

All Faculty Scholarship

No abstract provided.


"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin Jan 1994

"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin

All Faculty Scholarship

No abstract provided.


The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas Jan 1994

The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


On A New Theory Of Justice, William Ewald Jan 1994

On A New Theory Of Justice, William Ewald

All Faculty Scholarship

No abstract provided.


Secular Fundamentalism, Paul F. Campos Jan 1994

Secular Fundamentalism, Paul F. Campos

Publications

No abstract provided.


The Untermensch As Ubermensch, Paul Campos Jan 1994

The Untermensch As Ubermensch, Paul Campos

Publications

No abstract provided.


The Constitution Of Reasons, Robin West Jan 1994

The Constitution Of Reasons, Robin West

Georgetown Law Faculty Publications and Other Works

Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …


Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr. Jan 1994

Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Reflections Inspired By My Critics, Philip Chase Bobbitt Jan 1994

Reflections Inspired By My Critics, Philip Chase Bobbitt

Faculty Scholarship

The crucial idea in constitutional law is legitimacy; the crucial idea in jurisprudence is justification.

For some time, the academic debate about U.S. constitutionalism has looked for justifications for our practices, believing this would confer legitimacy on them. In my work, I have endeavored to derive legitimacy from the practices themselves, reserving the task of justification for other purposes.

By showing the way in which legitimacy is established and maintained in a constitutional system like ours, I hoped to derive solutions to a number of classical questions, all of which, I believe, are at bottom questions about legitimacy and legitimation. …