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Full-Text Articles in Law

Moral Truth And Constitutional Conservatism, Gerard V. Bradley Jun 2021

Moral Truth And Constitutional Conservatism, Gerard V. Bradley

Louisiana Law Review

Conservative constitutionalism is committed to "originalism," that is, to interpreting the Constitution according to its original public understanding. This defining commitment of constitutional interpretation is sound. For decades, however, constitutional conservatives have diluted it with a methodology of restraint, a normative approach to the judicial task marked by an overriding aversion to critical moral reasoning. In any event, the methodology eclipsed originalism and the partnership with moral truth that originalism actually entails. Conservative constitutionalism is presently a mélange of mostly unsound arguments against the worst depredations of Casey's Mystery Passage. The reason for the methodological moral reticence is easy to …


Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson Dec 2019

Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson

Journal of Civil Law Studies

No abstract provided.


Combining Constitutional Clauses, Michael Coenen Apr 2016

Combining Constitutional Clauses, Michael Coenen

Journal Articles

No abstract provided.


Can Congress Make A President Step Up A War?, Charles Tiefer Feb 2011

Can Congress Make A President Step Up A War?, Charles Tiefer

Louisiana Law Review

No abstract provided.


Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary L. Clark Feb 2011

Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary L. Clark

Louisiana Law Review

No abstract provided.


District Of Columbia V. Heller: The Second Amendment Shoots One Down, Sarah Perkins May 2010

District Of Columbia V. Heller: The Second Amendment Shoots One Down, Sarah Perkins

Louisiana Law Review

No abstract provided.


Punitive Damages And The Constitution, Thomas H. Dupree Jr. Feb 2010

Punitive Damages And The Constitution, Thomas H. Dupree Jr.

Louisiana Law Review

No abstract provided.


Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence Nov 2007

Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence

Louisiana Law Review

No abstract provided.


When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley Aug 2007

When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley

Louisiana Law Review

No abstract provided.


The Supreme Court, Justinian, And Antonin Scalia: Twenty Years In Retrospect, Paul R. Baier Feb 2007

The Supreme Court, Justinian, And Antonin Scalia: Twenty Years In Retrospect, Paul R. Baier

Louisiana Law Review

No abstract provided.


Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson Jan 2007

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson

Journal Articles

Important species are increasingly threatened on private lands and remain largely unregulated by federal and state laws. The gopher tortoise, present within six south-eastern states, is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species depend. Despite its ecological importance, tortoise populations have declined by 80%, partly due to development pressures, but primarily due to forest management practices which reduced the longleaf pine ecosystem upon which it depends by 96%. This article focuses on legal and policy issues associated with both urban development and forest management of lands containing the gopher tortoise. …


A Reason To Discriminate: Curtailing The Use Of Title Vii Analysis In Claims Arising Under The Adea, Katherine Krupa Green Nov 2004

A Reason To Discriminate: Curtailing The Use Of Title Vii Analysis In Claims Arising Under The Adea, Katherine Krupa Green

Louisiana Law Review

No abstract provided.


No Longer The Ugly Duckling: The European Courtof Human Rights Recognizes Transsexual Civil Rights In Goodwin V. United Kingdom And Sets The Tone For Future United States Reform, Betty C. Burke May 2004

No Longer The Ugly Duckling: The European Courtof Human Rights Recognizes Transsexual Civil Rights In Goodwin V. United Kingdom And Sets The Tone For Future United States Reform, Betty C. Burke

Louisiana Law Review

No abstract provided.


The Louisiana Hydrocarbon Processing Tax, James C. Exnicios Aug 2001

The Louisiana Hydrocarbon Processing Tax, James C. Exnicios

Louisiana Law Review

No abstract provided.


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett Mar 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett

Louisiana Law Review

No abstract provided.


The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens Mar 1993

The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens

Louisiana Law Review

No abstract provided.


National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby Mar 1993

National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby

Louisiana Law Review

No abstract provided.


Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy Sep 1991

Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy

Louisiana Law Review

No abstract provided.


The Constitution And The Civil Law, Francis Delpérée Jul 1990

The Constitution And The Civil Law, Francis Delpérée

Louisiana Law Review

No abstract provided.


Revolutions And Constitutions, Louis Henkin May 1989

Revolutions And Constitutions, Louis Henkin

Louisiana Law Review

No abstract provided.


Fiddling With The Constitution While Rome Burns: The Case Against The Voting Rights Act Of 1965, Dr. James Mcclellan Nov 1981

Fiddling With The Constitution While Rome Burns: The Case Against The Voting Rights Act Of 1965, Dr. James Mcclellan

Louisiana Law Review

No abstract provided.


Constitutional Law - Civil Rights - Leased Public Property And State Action, James D. Davis Jun 1962

Constitutional Law - Civil Rights - Leased Public Property And State Action, James D. Davis

Louisiana Law Review

No abstract provided.