Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appeals (1)
- Bankruptcy (1)
- Book Review (1)
- Citizenship (1)
- Civic Republicanism (1)
-
- Constitutional Law (1)
- Constitutional law (1)
- Democracy (1)
- Democratic theory (1)
- Election law (1)
- Elections (1)
- Freedom (1)
- Legal History (1)
- Marshall (1)
- Neo-Roman Liberty (1)
- Political Th (1)
- Private rights (1)
- Rana (1)
- Rawls (1)
- Reflective Equilibrium (1)
- Republicanism (1)
- Settler Colonial Theory (1)
- Settler Colonialism (1)
- The Two Faces of American Freedom (1)
- Publication
Articles 1 - 5 of 5
Full-Text Articles in Law
Commentary: Pleau-Sharing, Jonah J. Horwitz
Commentary: Pleau-Sharing, Jonah J. Horwitz
The Docket
In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.
Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke
Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke
Book Reviews
This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …
Michael S. Greve's The Upside-Down Constitution (Book Review), James A. Gardner
Michael S. Greve's The Upside-Down Constitution (Book Review), James A. Gardner
Book Reviews
No abstract provided.
Election Law As Applied Democratic Theory, James A. Gardner
Election Law As Applied Democratic Theory, James A. Gardner
Journal Articles
Democracy does not implement itself; a society’s commitment to govern itself democratically can be effectuated only through law. Yet as soon as law appears on the scene significant choices must be made concerning the legal structure of democratic institutions. The heart of the study of election law is thus the examination of the choices that our laws make in seeking to structure a workable system of democratic self-rule. In this essay, written for a symposium on Teaching Election Law, I describe how my Election Law course and materials focus on questions of choice in institutional design by emphasizing election law’s …
Constitutional Gaps In Bankruptcy, S. Todd Brown
Constitutional Gaps In Bankruptcy, S. Todd Brown
Journal Articles
Federal bankruptcy law incorporates a broad range of commercial and related matters that are otherwise left to the States under the Constitution, follows an efficiency-centered process model that may implicate due process, and relies upon a judicial structure that appears to be inconsistent with Article III. In spite of the crushing volume of bankruptcy cases and proceedings each year in which the resolution of one or more of these questions may be relevant, the Supreme Court has had few opportunities to tackle them directly. Indeed, after more than two centuries, the Court has provided precious few insights into the limits …