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

Law Commons

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

2006

Hofstra Law Review

Constitutional law

Articles 1 - 4 of 4

Full-Text Articles in Law

Legal Ethics And The Constitution, Alan Dershowitz Jan 2006

Legal Ethics And The Constitution, Alan Dershowitz

Hofstra Law Review

No abstract provided.


Reading Back, Reading Black, I. Bennett Capers Jan 2006

Reading Back, Reading Black, I. Bennett Capers

Hofstra Law Review

This essay builds on post-colonial theory and black literary theory to pose a pair of questions. If the reading of Western literature can be enriched by examining the great canonical texts through the lens of race, can a similar enrichment obtain from using a similar reading practice to read the law? Stanley Fish has argued that we each belong to interpretive communities, and that members of these communities are guided in their readings of texts by a common consciousness, which produces interpretive "strategies [that] exist prior to the act of reading and therefore determine the shape of what is read ...


"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck Jan 2006

"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck

Hofstra Law Review

Consistent with its fumbling of late when dealing with cases involving religion, the U.S. Supreme Court has taken to reciting the metaphor of play in the joints between the Religion Clauses. This manner of framing the issue before the Court presumes that the Free Exercise and Establishment Clauses run in opposing directions, and indeed will often conflict. It then becomes the Court's task, as it sees it, to determine if the law in question falls safely in the narrows where there is space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment ...


The Constitutional Rights Of Non-Custodial Parents, David D. Meyer Jan 2006

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Hofstra Law Review

No abstract provided.