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Articles 1 - 14 of 14
Full-Text Articles in Law
Comments On Luke Nottage's Paper, Meredith Kolsky Lewis
Comments On Luke Nottage's Paper, Meredith Kolsky Lewis
Journal Articles
No abstract provided.
Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner
Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner
Journal Articles
It is frequently argued that state constitutions ought to be interpreted using a methodology of constitutional positivism, a familiar and commonplace theory of interpretational legitimacy that requires courts to treat a constitution as an authoritative expression of the will of the people who made it. I argue, contrary to this view, that orthodox constitutional positivism is not a viable interpretational methodology for subnational constitutions in a federal system. Although constitutional positivism makes sense for national constitutions, which furnish the paradigm case, subnational constitutions pose important problems for the political theory upon which constitutional positivism relies. According to that theory, the …
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
Foreword: The New Frontier Of State Constitutional Law, James A. Gardner, Jim Rossi
Journal Articles
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …
Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew
Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew
Journal Articles
No abstract provided.
The Writ Of Habeas Corpus And The Special Court For Sierra Leone: Addressing An Unforeseen Problem In The Establishment Of A Hybrid Court, Anthony O'Rourke
The Writ Of Habeas Corpus And The Special Court For Sierra Leone: Addressing An Unforeseen Problem In The Establishment Of A Hybrid Court, Anthony O'Rourke
Journal Articles
No abstract provided.
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Journal Articles
England and Canada have adopted divergent approaches to the enforcement of foreign civil and commercial judgments. An English court will only enforce a foreign judgment where the defendant submitted to the junsdiction of the foreign court, or was present in the foreign jurisdiction when served with process. This position. while protecting domestic defendants, is outdated and does little to further the objectives underpinning judgment enforcement- Canadian courts, by contrast, have been far more liberal than their English counterparts, enforcing foreign judgments in cases where there is a "real and substantial connection" between the dispute and the judgment forum. While this …
A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai
A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai
Journal Articles
This article argues that the international right to health obligates governments to combat homophobia. Part One presents the powerful evidence that stigma, prejudice, and violence directed toward lesbian and gay people drastically endanger their physical and mental well-being. Part Two defends an expansive interpretation of the international right to health. Applying this interpretation, Part Three proposes that gay men and lesbians are entitled to demand that their governments to eliminate all public and much private discrimination against gay men and lesbians, and requires them to combat homophobia through education and other positive efforts. Acknowledging that this obligation is unlikely to …
Caught In A Web Of Ignorances: How Black Americans Are Denied Equal Protection Of The Laws, Michael Boucai
Caught In A Web Of Ignorances: How Black Americans Are Denied Equal Protection Of The Laws, Michael Boucai
Journal Articles
No abstract provided.
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Journal Articles
Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.
The Ecology Of Breastfeeding, Kim Diana Connolly
The Ecology Of Breastfeeding, Kim Diana Connolly
Journal Articles
This essay reflects on the ecological advantages of breastfeeding, and argues that that laws promoting and supporting breastfeeding should be included among laws labeled as “environmental.”
The Free Trade Agreement Paradox, Meredith Kolsky Lewis
The Free Trade Agreement Paradox, Meredith Kolsky Lewis
Journal Articles
No abstract provided.
Make-Believe Families And Whiteness, Judy Scales-Trent
Make-Believe Families And Whiteness, Judy Scales-Trent
Journal Articles
No abstract provided.
Researching Georgia Law, Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman
Researching Georgia Law, Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman
Journal Articles
No abstract provided.
Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner
Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner
Journal Articles
The United States Constitution is designed to achieve good government by relying on two distinct systems: a primary system that achieves good governance through democratic electoral accountability; and a set of self-sustaining structural backup systems designed for situations in which the democratic system fails, and which operate by limiting the ability of bad rulers to do serious harm to the public good. A key premise of this kind of dual structural arrangement is that effective backup systems must operate independently of primary democratic systems; because they are needed precisely when democratic mechanisms have failed, they cannot depend for their success …