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Full-Text Articles in Law
Performance Of The Indian Supreme Court During The Emergency, Tirthankar Das
Performance Of The Indian Supreme Court During The Emergency, Tirthankar Das
Tirthankar Das
The National emergency as declared by Indira Gandhi in 1975-77 was a watershed point for Indian polity. The judiciary during this period came with some startling judgements which shook the very foundation of Indian democracy. This project will take a critical look into the performance of the Indian Judiciary especially the Supreme Court of India during the emergency period.
No Right To Respect: Dred Scott And The Southern Honor Culture, Cecil J. Hunt
No Right To Respect: Dred Scott And The Southern Honor Culture, Cecil J. Hunt
Cecil J. Hunt II
Article Abstract: No Right to Respect: Dred Scott and the Southern Honor Culture; by Professor Cecil J. Hunt, II This article reflects on the 150th anniversary of the infamous decision in Dred Scott v. Sanford, 19 How. (60 U.S.) 393 (1857) in which the Supreme Court of the United States upheld the constitutionality of slavery. This essay is part of the considerable national effort by all of the constituencies in the American legal community to reflect on this infamous case and consider the distance the nation has come since it was decided as well as its continuing legacy on the …
Reason's Freedom And The Dialectic Of Ordered Liberty, Edward Lyons
Reason's Freedom And The Dialectic Of Ordered Liberty, Edward Lyons
Edward C. Lyons
The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could …