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Articles 1 - 6 of 6
Full-Text Articles in Law
In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay
In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay
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This article is a response to Professor Jed Shugerman’s Economic Crisis and the Rise of Judicial Elections and Judicial Review, HARVARD LAW REVIEW (2010). Professor Shugerman argues that the widespread adoption of judicial elections in the 1850’s and the embrace by the first generation of elected judges of countermajoritarian rationales for judicial review helped to effect a transition from the active, industry-building state of the early nineteenth century to the "laissez-faire constitutionalism" of the Lochner era. This response argues that Professor Shugerman overstates the causal relationship between the elected judiciary’s robust constitutional defense of "vested rights" and the iconic, if …
The Two Federal Circuits, R. Polk Wagner
The Two Federal Circuits, R. Polk Wagner
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No abstract provided.
Property And Transitional Justice, Bernadette Atuahene
Property And Transitional Justice, Bernadette Atuahene
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Transitional justice is the study of those mechanisms employed by communities, states and the international community to deal with a legacy of systematic human rights abuses and authoritarianism in order to promote social reconstruction. There is a well developed transitional justice literature on how states can deal with past violations of civil and political rights, which discusses the value of truth commissions, and international and domestic prosecutions. The transitional justice literature on how to deal with past violations of property rights, however, is significantly less developed. The goal of this essay is to begin an important conversation about how transitional …
Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman
Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman
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No abstract provided.
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
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No abstract provided.
Foreword: Procedure As Palimpsest, Catherine T. Struve
Foreword: Procedure As Palimpsest, Catherine T. Struve
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No abstract provided.