Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

The Wrongful Death Of Bob Black, C. Peter Erlinder Jun 1992

The Wrongful Death Of Bob Black, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron Feb 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …


La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch Jan 1992

La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.


Tridimensionalismo Juridico Y Control De Constitucionalidad, Edgar Carpio Marcos, Edgar Carpio Marcos Jan 1992

Tridimensionalismo Juridico Y Control De Constitucionalidad, Edgar Carpio Marcos, Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.


First Nations And The Constitution: A Question Of Trust, Brian Slattery Jan 1992

First Nations And The Constitution: A Question Of Trust, Brian Slattery

Brian Slattery

No abstract provided.


Charles E. Lindblom, Richard Adelstein Dec 1991

Charles E. Lindblom, Richard Adelstein

Richard Adelstein

An intellectual biography and review of the work of Charles E. Lindblom.


Quiet Justice: Adding People With Hearing Loss To The Jury Of Our Peers, Randy Lee Dec 1991

Quiet Justice: Adding People With Hearing Loss To The Jury Of Our Peers, Randy Lee

Randy Lee

No abstract provided.


Republican Revival/Interpretive Turn, Stephen M. Feldman Dec 1991

Republican Revival/Interpretive Turn, Stephen M. Feldman

Stephen M. Feldman

The civic republican revival and the interpretive turn are two leading movements in constitutional jurisprudence. Civic republicanism emphasizes that citizens belong to a political community where they participate in a dialogue about the common good. Interpretivism, meanwhile, holds that all of our practices, including constitutional adjudication, are interpretive; we are always situated within interpretative communities and traditions that simultaneously constrain and enable understanding. Civic republicanism and interpretivism, however, both face serious challenges. Critics of the republican revival charge that it invites oppression and silencing of divergent voices because it emphasizes the community and the common good. Opponents of the interpretive …


Continuity And Change Redux: Market And State In American History, Richard Adelstein Dec 1991

Continuity And Change Redux: Market And State In American History, Richard Adelstein

Richard Adelstein

A review of Jonathan Hughes, The Government Habit Redux (1991).


Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet Dec 1991

Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins Dec 1991

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins

Ira P. Robbins

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Dec 1991

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Floralynn Einesman

No abstract provided.


Whose Common Good? Racism In The Political Community, Stephen M. Feldman Dec 1991

Whose Common Good? Racism In The Political Community, Stephen M. Feldman

Stephen M. Feldman

Political pluralists and civic republicans have launched constitutional and political theory into a controversy of paradigmatic proportions. Pluralists insist that politics is no more than a struggle between autonomous and rational individuals or groups who strive to satisfy their preexisting private interests. Civic republicans argue instead that the government should pursue the common good, not preexisting private interests. Something vital is missing from this debate: a recognition of and confrontation with American racism. In the context of American society, no constitutional or political theory can succeed without a comprehensive awareness and understanding of racism. The Constitution must be understood, interpreted, …