Law Commons^™

Haunted By Brown, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Unconstitutional On Its Face, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

What's Wrong With Judicial Supremacy? What's Right About Judicial Review?, Robert Lipkin

Robert Justin Lipkin

Skepticism concerning the legitimacy of judicial review typically occurs without distinguishing between judicial review and judicial supremacy. The former gives the Court a say in evaluating the constitutionality of legislation and other government conduct. The latter gives the Court the final say over these matters. This Article defends the Court's role in judicial review but rejects the practice of judicial supremacy. The Article first critically examines some of the more important attempts to justify judicial supremacy and finds them wanting. It then explains why judicial review, as the practice of applying American political philosophical concepts such as federalism, the separation …

Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

The New Majoritarianism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Foreword, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Book Note (Reviewing John Arthur, Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory (1995), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

In Defense Of Outlaws: Liberalism And The Role Of Reasonableness, Public Reason, And Tolerance In Multicultural Constitutionalism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Religious Justification In The American Communitarian Republic, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin

Robert Justin Lipkin

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy.

Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification.

Finally, Professor Lipkin proposes a new …

The Anatomy Of Constitutional Revolutions, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.