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Full-Text Articles in Law

A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman Jan 2013

A Monist Supremacy Clause And A Dualistic Supreme Court: The Status Of Treaty Law As U.S. Law, D. A. Jeremy Telman

Law Faculty Publications

Hans Kelsen identified three possible relationships between the international and domestic legal orders. Dualism understands the international and domestic legal orders as separate and independent. Monism describes a single and comprehensive legal order but can operate with either domestic law or international law as a higher order law. Like many domestic legal orders, that of the United States has never fully worked out which of these three options specifies the status of international law in its domestic legal order. While the text of the United States Constitution suggests a form of monism in which international law is automatically part of …


Substantive Due Process In Exile: The Supreme Court's Original Interpretation Of The Due Process Clause Of The Fourteenth Amendment, Natalie Banta Jan 2013

Substantive Due Process In Exile: The Supreme Court's Original Interpretation Of The Due Process Clause Of The Fourteenth Amendment, Natalie Banta

Law Faculty Publications

No abstract provided.


Death By A Thousand Cuts Or Hard Bargaining?: How The Supreme Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta Jan 2008

Death By A Thousand Cuts Or Hard Bargaining?: How The Supreme Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta

Law Faculty Publications

No abstract provided.


Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon Apr 1994

Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon

Law Faculty Publications

No abstract provided.


Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson Jan 1990

Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson

Law Faculty Publications

No abstract provided.


1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson Jan 1985

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The World As Reality, As Resource, And As Pretense, Richard Stith Jan 1975

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.