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Full-Text Articles in Law
The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin
The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin
Robert Justin Lipkin
What's Wrong With Judicial Supremacy? What's Right About Judicial Review?, Robert Lipkin
What's Wrong With Judicial Supremacy? What's Right About Judicial Review?, Robert Lipkin
Robert Justin Lipkin
Skepticism concerning the legitimacy of judicial review typically occurs without distinguishing between judicial review and judicial supremacy. The former gives the Court a say in evaluating the constitutionality of legislation and other government conduct. The latter gives the Court the final say over these matters. This Article defends the Court's role in judicial review but rejects the practice of judicial supremacy. The Article first critically examines some of the more important attempts to justify judicial supremacy and finds them wanting. It then explains why judicial review, as the practice of applying American political philosophical concepts such as federalism, the separation …
Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin
Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Going Courting: How Same-Sex Marriage Opponents Came To Love The Courts, Robert Lipkin
Going Courting: How Same-Sex Marriage Opponents Came To Love The Courts, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Federalism As Balance, Robert Justin Lipkin
Federalism As Balance, Robert Justin Lipkin
Robert Justin Lipkin
Federalism as balance between the federal government and the states is a deeply entrenched principle of American constitutional law. Without the idea of balance or some replacement concept, judges and constitutional scholars seem incapable of conceptualizing federalism and resolving federalist conflicts. The thesis of the Article is that federalism as balance must be reexamined to assess whether it is jurisprudentially sound. For this purpose, the Article introduces a framework for understanding balancing discourse generally. Upon examination, federalism as balance does not satisfy the requirements articulated by this framework. The result is that this conception has no discernible content and therefore …
A Reply To Justice Philip Talmadge, Robert Lipkin
A Reply To Justice Philip Talmadge, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin
Robert Justin Lipkin
In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy.
Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification.
Finally, Professor Lipkin proposes a new …