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Selected Works

2005

Vincent Samar

Articles 1 - 4 of 4

Full-Text Articles in Law

Justifying The Use Of International Human Rights Principles In American Constitutional Law, Vincent Samar Dec 2004

Justifying The Use Of International Human Rights Principles In American Constitutional Law, Vincent Samar

Vincent Samar

This article focuses on the justification of the use of principles in the U.S. constitutional law. The analytic condition requires that there exist a common normative language capable of equating established meanings of settled American constitutional law with newly developing understandings of various conventions of international human rights by both the domestic courts of other nations and the International Court of Human Rights. The normative condition requires that the values comprising this common language provide a minimal set of basic standards to prevent excessively restrictive interpretations of American constitutional doctrine. The first concern is thus to set out a discourse …


Privacy And Its Relationship To The Debate Over Same-Sex Marriage Versus Unions, Vincent Samar Dec 2004

Privacy And Its Relationship To The Debate Over Same-Sex Marriage Versus Unions, Vincent Samar

Vincent Samar

Symposium on "Privacy and Identity: Constructing, Maintaining and Protecting Personhood."


Bowers, Lawrence And Same-Sex Marriage: The Problem Of Hard And Very Hard Cases Dec 2004

Bowers, Lawrence And Same-Sex Marriage: The Problem Of Hard And Very Hard Cases

Vincent Samar

Bowers, Lawrence and Same-Sex Marriage: The Problem of Hard and Very Hard Cases


Same-Sex Marriage: The Difficult Road Ahead, Vincent Samar Dec 2004

Same-Sex Marriage: The Difficult Road Ahead, Vincent Samar

Vincent Samar

In this commentary, the legal ramifications and implications of the recent ruling by the Massachusetts Supreme Court allowing same-sex marriages to occur in that state are examined. The author then suggests a hypothetical scenario for what the future might look like assuming that the Massachusetts decision is not overturned by adoption of a state constitutional amendment.