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Articles 1 - 8 of 8
Full-Text Articles in Law
International Norms In Constitutional Law, Michael Wells
International Norms In Constitutional Law, Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
West Virginia Law Review
No abstract provided.
Plausible Absurdities And Practical Formalities: The Recess Appointments Clause In Theory And Practice, David Frisof
Plausible Absurdities And Practical Formalities: The Recess Appointments Clause In Theory And Practice, David Frisof
Michigan Law Review
The recent controversy surrounding President Obama’s recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau while the Senate was holding pro forma sessions illustrates the need to reach a new understanding of the Recess Appointments Clause of the Constitution. For the Recess Appointments Clause to be functional, it must fulfill two essential constitutional purposes: it must act as a fulcrum in the separation of powers, and it must ensure the continued exercise of the executive power. Achieving this functionality depends not only on the formal constructions of the Clause but also on the ways in …
Liberal Originalism: The Declaration Of Independence And Constitutional Interpretation - Symposium: History And Meaning Of The Constitution, Scott D. Gerber
Liberal Originalism: The Declaration Of Independence And Constitutional Interpretation - Symposium: History And Meaning Of The Constitution, Scott D. Gerber
Cleveland State Law Review
In my work I have labeled the dominant iterations of originalism “conservative originalism.” It is an approach that dictates that judges may legitimately recognize only those rights specifically mentioned in the Constitution, or ascertainably implicit in its structure or history. In all other cases, conservative originalists argue, the majority is entitled to govern—to make moral choices—through the political process. “Liberal originalism,” by contrast, maintains that the Constitution should be interpreted in light of the political philosophy of the Declaration of Independence. Liberal originalism rejects both conservative originalism and the notion of a living constitution on the ground that they are …
History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles
History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles
Cleveland State Law Review
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by which myth consumes fact. Certainly, regardless of whether one is performing an historical or originalist inquiry, the methodological process takes part in generating myth. In terms of where the respective inquiries are to be placed on the spectrum of constitutional mythmaking, however, the standard historical inquiry is far less likely to engage in the process than its originalist counterpart. This is mainly because originalism is not so much about reasoning from known historical truths, but instead about recreating a hypothetical expected legal application of how …
Book Review: Court-Packing And Legal Creation - Symposium: History And Meaning Of The Constitution, Sheldon Gelman
Book Review: Court-Packing And Legal Creation - Symposium: History And Meaning Of The Constitution, Sheldon Gelman
Cleveland State Law Review
Review of FDR and Chief Justice Hughes: The President, the Supreme Court, and the Epic Battle over the New Deal by James F. Simon. New York: Simon & Schuster. 2012
Originalism's Promise, And Its Limits - Symposium: History And Meaning Of The Constitution, Lee J. Strang
Originalism's Promise, And Its Limits - Symposium: History And Meaning Of The Constitution, Lee J. Strang
Cleveland State Law Review
At the same time, I believe, originalism’s promise remains. Originalism’s promise is three-fold. First, originalism promises that it can paint constitutional interpretation in the most normatively attractive light. Not ideal results. Instead—on balance and systemically—normatively more attractive results than its competitors. Second, originalism promises that constitutional interpretation can fit the key facets of our Constitution. These key facets include, for example, the Constitution’s writtenness and its particular origins, facets that originalism better fits than alternative methods of constitutional interpretation. Third, originalism promises that constitutional interpretation can respect judges’ capacities. Judges’ pivotal role necessitates that interpretative methodologies work with their capacities, …