Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
What Comes Now? Religious Liberty And The End Of Roe, Law, Rights, And Religion Project
What Comes Now? Religious Liberty And The End Of Roe, Law, Rights, And Religion Project
Center for Gender & Sexuality Law
New York, NY – The Law, Rights, and Religion Project at Columbia Law School, an academic think tank that conducts research and policy analysis on the complex ways in which religious liberty rights interact with other fundamental rights, has a number of materials that can help to shed light on three key issues around the possible end of Roe v. Wade in light of the draft Supreme Court opinion released yesterday.
Conflicting Fundamental Rights Under The Indian Constitution: Analyzing The Supreme Court’S Doctrinal Gap, Nikhil Pratap
Conflicting Fundamental Rights Under The Indian Constitution: Analyzing The Supreme Court’S Doctrinal Gap, Nikhil Pratap
LL.M. Essays & Theses
The Constitution of India recognizes a wide variety of fundamental rights: civil and political, socio-economic, and group rights. A conflict between these rights is a common occurrence. The Supreme Court of India’s method of resolving conflicts has been ad-hoc, nebulous, and vague. The Court rarely locates the conflict at a granular level and, on the rare occasion that it does, the decision lacks comprehensive reasoning. This paper attempts to demonstrate the doctrinal, structural, and reasoning gap in the Court’s jurisprudence. The paper does so by analyzing a subset of cases where the Court has adjudicated on conflicts between the right …
Is A Science Of Comparative Constitutionalism Possible?, Madhav Khosla
Is A Science Of Comparative Constitutionalism Possible?, Madhav Khosla
Faculty Scholarship
Nearly a generation ago, Justice Scalia and Justice Breyer debated the legitimacy and value of using foreign law to interpret the American Constitution. At the time, the matter was controversial and invited the interest of both judges and scholars. Foreign law had, after all, been relied on in significant cases like Roper v. Simmons and Lawrence v. Texas. Many years on, there is still much to be debated — including the purpose and potential benefits of judicial engagement with foreign law — but “comparative constitutional law” has unquestionably emerged as a field of study in its own right. We …