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Articles 1 - 17 of 17
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
Op-Ed., Signing Statements Risk Abuse Of Power, Robert Lipkin
Op-Ed., Signing Statements Risk Abuse Of Power, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Unconstitutional On Its Face, Robert Lipkin
Unconstitutional On Its Face, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
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.
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
The Limits Of Protecting Free Speech (Reviewing Richard Delgado & Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, And The New First Amendment (1997), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Constitutional Revolutions: Pragmatism And The Role Of Judicial Review In American Constitutionalism, Robert Lipkin
Constitutional Revolutions: Pragmatism And The Role Of Judicial Review In American Constitutionalism, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
The New Majoritarianism, Robert Justin Lipkin
The New Majoritarianism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin
Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin
Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Book Note (Reviewing John Arthur, Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory (1995), Robert Lipkin
Book Note (Reviewing John Arthur, Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory (1995), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin
Book Review (Reviewing Michael J. Perry, The Constitution In The Courts: Law Or Politics? (1994), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin 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 …
The Anatomy Of Constitutional Revolutions, Robert Justin Lipkin
The Anatomy Of Constitutional Revolutions, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.