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Articles 1 - 7 of 7

Full-Text Articles in Law

Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart Mar 1992

Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart

Margaret G. Stewart

No abstract provided.


Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman Jan 1992

Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman

Steven J. Heyman

No abstract provided.


Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod Jan 1992

Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin Dec 1991

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 ...


First Nations And The Constitution: A Question Of Trust, Brian Slattery Dec 1991

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

Brian Slattery

No abstract provided.


La Vigencia De Nuestra Constitución, Héctor Fix Fierro Dec 1991

La Vigencia De Nuestra Constitución, Héctor Fix Fierro

Héctor Fix Fierro

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 convictions ...