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1992

Constitutional law

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Institution
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Articles 1 - 25 of 25

Full-Text Articles in Law

Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa Nov 1992

Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa

Cornell Law Review

No abstract provided.


Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm Oct 1992

Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm

University of Miami Inter-American Law Review

No abstract provided.


Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar Oct 1992

Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar

University of Miami Inter-American Law Review

No abstract provided.


Stances, Anthony V. Alfieri Sep 1992

Stances, Anthony V. Alfieri

Cornell Law Review

No abstract provided.


A Comparison Of The Protection Of Individual Rights In The New Constitutions Of Colombia And Brazil, Keith S. Rosenn Jul 1992

A Comparison Of The Protection Of Individual Rights In The New Constitutions Of Colombia And Brazil, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.


Foreword: The Constitution Of Responsibility , Steven G. Calabresi, Gary Lawson Jul 1992

Foreword: The Constitution Of Responsibility , Steven G. Calabresi, Gary Lawson

Cornell Law Review

No abstract provided.


Justice Thurgood Marshall: Taking The Fourth Amendment Seriously , Tracey Maclin May 1992

Justice Thurgood Marshall: Taking The Fourth Amendment Seriously , Tracey Maclin

Cornell Law Review

No abstract provided.


From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger Apr 1992

From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger

Cornell International Law Journal

No abstract provided.


Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri Jan 1992

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Law Faculty Publications

This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle ...


Lost Innocence And The Moral Foundation Of Law, Kate Nace Day Jan 1992

Lost Innocence And The Moral Foundation Of Law, Kate Nace Day

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Liberals And Balancing, Robert F. Nagel Jan 1992

Liberals And Balancing, Robert F. Nagel

Articles

No abstract provided.


The Constitutionality Of Section 27a Of The Securities Exchange Act: Is Congress Rubbing Lampf The Wrong Way, Craig W. Palm Jan 1992

The Constitutionality Of Section 27a Of The Securities Exchange Act: Is Congress Rubbing Lampf The Wrong Way, Craig W. Palm

Villanova Law Review

No abstract provided.


Against Constitutional Theory, Paul Campos Jan 1992

Against Constitutional Theory, Paul Campos

Articles

No abstract provided.


Some Further Observations On Environmental Rights And Duties, Lynton K. Caldwell Jan 1992

Some Further Observations On Environmental Rights And Duties, Lynton K. Caldwell

Duke Environmental Law & Policy Forum

No abstract provided.


Unfocused Governmental Interests, Robert F. Nagel Jan 1992

Unfocused Governmental Interests, Robert F. Nagel

Articles

No abstract provided.


American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson Jan 1992

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Law Faculty Articles and Essays

The concept of nonjusticiability, reflected primarily through the “political question” and the “standing” doctrines, fails to give the Supreme Court (and the rest of us) adequate guidance on how to resolve many constitutional disputes, such as impeachment procedures and standards, congressional expulsions, the scope of federal court jurisdiction, and the use of force abroad. These two doctrines put the Supreme Court on the horns of a false dichotomy. The Court tends to withdraw completely from an issue and from enforcing a textual passage, such as the Republican Guarantee Clause, whenever it makes a determination of nonjusticiability. Conversely, once the Court ...


Transcending Conventional Supremacy: A Reconstruction Of The Supremacy Clause, S. Candice Hoke Jan 1992

Transcending Conventional Supremacy: A Reconstruction Of The Supremacy Clause, S. Candice Hoke

Law Faculty Articles and Essays

Perhaps because the predominant strands of contemporary Supremacy Clause jurisprudence originate in two of the most venerable cases in the Court's history, the Court and academics alike have sidestepped some of their problematic pronouncements. In Part I, this Article questions the legacy of McCulloch v. Maryland and Gibbons v. Ogden, finding their Supremacy Clause principles unacceptably nationalistic and hence unfaithful to the balance of the Constitution. While their centralizing tendencies may have been understandable during the nation's infancy, their raison d'être has evaporated; the pendulum of state versus national regulatory power on matters other than individual liberties ...


Free Speech In The United States And Canada, Kent Greenawalt Jan 1992

Free Speech In The United States And Canada, Kent Greenawalt

Law and Contemporary Problems

A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.


The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii Jan 1992

The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii

Law and Contemporary Problems

Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.


Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri Jan 1992

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Case Western Reserve Journal of International Law

No abstract provided.


Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle Jan 1992

Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Constitutional Scepticism, Robin West Jan 1992

Constitutional Scepticism, Robin West

Georgetown Law Faculty Publications and Other Works

Interpretive constitutional debate over the last few decades has centered on two apparently linked questions: whether the Constitution can be given a determinate meaning, and whether the institution of judicial review can be justified within the basic assumptions of liberalism. Two groups of scholars have generated answers to these questions. The "constitutional faithful" argue that meaning can indeed be determinately affixed to constitutional clauses, by reference to the plain meaning of the document, the original intent of the drafters, evolving political and moral norms of the community, or the best political or moral philosophical theory available and that, because of ...


Is There A Natural Law Right To Privacy?, Ralph F. Gaebler Jan 1992

Is There A Natural Law Right To Privacy?, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.


A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy Jan 1992

A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy

Georgia State University Law Review

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 ...