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Full-Text Articles in Law
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
University of Miami Law Review
This article examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern doctrine, and it concludes that the Fourteenth Amendment bans the Hindu Caste system, European feudalism, the Black Codes, the Jim Crow laws, and the common law's denial to women of equal civil rights to those held by men. It then considers the constitutionality of bans on same sex marriage from an Originalist perspective, and it concludes that State laws banning same sex marriage violate the Fourteenth Amendment.
Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson
Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson
University of Miami Law Review
No abstract provided.
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson
University of Miami Law Review
No abstract provided.