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Selected Works

2010

United States Supreme Court

Articles 1 - 2 of 2

Full-Text Articles in Law

Time To Bury The Shocks The Conscience Test, Rosalie Levinson Jan 2010

Time To Bury The Shocks The Conscience Test, Rosalie Levinson

Rosalie Berger Levinson

The Supreme Court has acknowledged that "the Due Process Clause, like its forebear in the Magna Carta, was 'intended to secure the individual from the arbitrary exercise of the powers of government'...to prevent governmental power from being 'used for purposes of oppression.'"1 Historically, Magna Carta was aimed a·t limiting the power of the king. Today, substantive due process is invoked to challenge arbitrary deprivations of life, liberty, and property by officials, such as police officers, jail guards, public-school educators, public employers, and members of zoning boards. However, the Supreme Court has emasculated its efficacy as a limitation on executive power. …


Конституционно-Правовая Концепция Луиса Брандайза, Leonid G. Berlyavskiy Dec 2009

Конституционно-Правовая Концепция Луиса Брандайза, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

The article is devoted to the research of the constitutional legal concept by Louis Brandeis - the outstanding American man of law, Associate Justice of the United States Supreme Court. He is considered as one of four greatest judges in XX century. L. Brandeis was possible to become successful in asserting the workers social and labor rights that directly have not been fixed in the United States Constitution. The “Brandeis Brief” became the essential contribution to USA procedural law. Brandeis was a supporter of the “Living Constitution” conception that is based on the idea of social changes, evolutions of the …