Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (19)
- Supreme Court of the United States (12)
- Administrative Law (6)
- Law and Politics (5)
- Civil Rights and Discrimination (3)
-
- Courts (3)
- Legal History (3)
- Medical Jurisprudence (3)
- Comparative and Foreign Law (2)
- Criminal Law (2)
- Election Law (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- Judges (2)
- Social and Behavioral Sciences (2)
- Common Law (1)
- Criminal Procedure (1)
- Criminology and Criminal Justice (1)
- Environmental Law (1)
- Intellectual Property Law (1)
- International Relations (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Land Use Law (1)
- Law and Gender (1)
- Law and Race (1)
- Legal Biography (1)
- Legal Education (1)
- Legal Studies (1)
Articles 31 - 34 of 34
Full-Text Articles in Law
Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.
Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.
Faculty Scholarship
Collectively we face no greater challenge than maintaining sensible perspectives on national security issues. Central to this task is the need to achieve a tolerable balance between secrecy and openness in public debate on such issues. There are real threats to our nation, and we would be foolish to ignore them; history teaches that no culture is guaranteed survival. Yet, how to respond to such threats must be profoundly controversial. The virtue of liberal society is that it values highly the realization of private preferences; the sacrifice of those desires to attain another's vision of collective security will never be …
Constitutional Law As Moral Philosophy, Gerard E. Lynch
Constitutional Law As Moral Philosophy, Gerard E. Lynch
Faculty Scholarship
The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …
Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch
Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch
Faculty Scholarship
John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.
Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch
Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch
Faculty Scholarship
As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …