Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Freedom of speech (2)
- Anti-gay (1)
- Anti-lesbian (1)
- Antigay initiative (1)
- Appropriations bill (1)
-
- Cardozo Law Review (1)
- Civil law (1)
- Columbia Law Review (1)
- Constitutional amendment (1)
- Constitutional dualism (1)
- Constitutional history (1)
- Constitutional identity (1)
- First Amendment (1)
- Freedom of religion (1)
- Government structure (1)
- Guild Practitioner (1)
- Higher lawmaking (1)
- Item veto litigation (1)
- Law versus politics (1)
- Middle republic (1)
- Natural law (1)
- Natural liberty (1)
- Natural rights (1)
- Normal politics (1)
- Political system (1)
- State constitution (1)
- State jurisprudence (1)
- Temple Law Review (1)
- Yale Journal of Law and the Humanities (1)
- Yale Law Journal (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Anti-Lesbian And -Gay Right Wing Initiatives: A Strategy For Response, Mary Newcombe, Suzanne B. Goldberg
Anti-Lesbian And -Gay Right Wing Initiatives: A Strategy For Response, Mary Newcombe, Suzanne B. Goldberg
Faculty Scholarship
The increasing visibility and political activism of the lesbian and gay community in this country has sparked a vicious backlash intended to reinforce restrictive notions of social morality and to stifle expressions of lesbian and gay identity. While this backlash has flourished in mainstream institutions, as in the U.S. Senate's hearings on lifting the military's ban against lesbians and gay men, it has also been incited on a grassroots level across the country by the Christian right wing, which has involved itself intimately in exploiting popular inclinations and reinforcing discrimination at the federal and local levels.
The Item Veto In State Courts, Richard Briffault
The Item Veto In State Courts, Richard Briffault
Faculty Scholarship
Contemporary debates about state constitutional law have concentrated on the role of state constitutions in the protection of individual rights and have paid less attention to the state constitutional law of government structure.This is ironic since the emergence of a state jurisprudence of individual rights has been hampered by the similarity of the texts of the state and federal constitutional provisions concerning individual rights, whereas many state constitutional provisions dealing with government structure have no federal analogues, and thus state jurisprudence in this area is free to develop outside the dominating shadow of the Federal Constitution and the federal courts. …
Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger
Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger
Faculty Scholarship
Natural rights and natural -law are ideas that frequently seem to have something in common with the elusive shapes of a Rorschach test. They are suggestive of well-defined, recognizable images, yet they are so indeterminate that they permit us to see in them what we are inclined to see. Like Rorschach's phantasm-inducing ink blots, natural rights and natural law are not only suggestive but also indeterminate – ideas to which each of us can plausibly attribute whatever qualities we happen to associate with them. For this reason, we may reasonably fear that natural rights and natural law are ideas often …
The Protective Power Of The Presidency, Henry Paul Monaghan
The Protective Power Of The Presidency, Henry Paul Monaghan
Faculty Scholarship
Walter Bagehot's still-admired study of the English Constitution distinguished between its "dignified" and "efficient" parts. Bagehot argued that the English Constitution's "dignified" theory of parliamentary supremacy masked the (then) dominant reality of cabinet government. Attacking what he described as the "literary" theory of the American Constitution, Woodrow Wilson posited a similar distinction. Writing in 1885, Wilson asserted that the "literary" theory of American government embodied in Federalist's "ideal checks and balances of the federal system" obscured its efficient principle: "government by the chairmen of the Standing Committees of Congress." An ardent admirer of ministerial government, Wilson especially lamented the condition …
The Incompleat Burkean: Bruce Ackerman's Foundation For Constitutional History, Eben Moglen
The Incompleat Burkean: Bruce Ackerman's Foundation For Constitutional History, Eben Moglen
Faculty Scholarship
With this book, the first in a projected series of at least three volumes, Bruce Ackerman confirms what attentive readers of his law review articles of the past ten years have already known-he is the most original and important writer on constitutional theory in the contemporary English-speaking world. We the People: Foundations, despite its informal, sometimes overly talky style, is not an easy book. Filled to the brim, even to overflowing, and containing many gestures in the direction of arguments to be made in future volumes rather than the substance of the arguments themselves, it presents both the casual reader …
Constitutional Identity, George P. Fletcher
Constitutional Identity, George P. Fletcher
Faculty Scholarship
The aim of this Article is to introduce and clarify a new way of thinking about decisions in close cases, particularly those that address basic issues of constitutional law. When constitutional language fails to offer an unequivocal directive for decision, the recourse of the judge is not always to look "outward" toward overarching principles of political morality. In an illuminating array of cases, the acceptable way to resolve the disputes and to explain the results is to turn "inward" and reflect upon the legal culture in which the dispute is embedded. The way to understand this subcategory of decisions is …