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Constitutional law

1989

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 37

Full-Text Articles in Law

Exposing Sunstein’S Naked Preferences, Stephen M. Feldman Nov 1989

Exposing Sunstein’S Naked Preferences, Stephen M. Feldman

Duke Law Journal

No abstract provided.


The Continued Importance Of The Maryland Declaration Of Rights, William L. Reynolds Oct 1989

The Continued Importance Of The Maryland Declaration Of Rights, William L. Reynolds

Faculty Scholarship

An analysis of the origins and development of Maryland's 'Declaration of Rights.'


Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan Oct 1989

Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan

Dalhousie Law Journal

In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …


The Politics Of The Imagination: A Life Of F.R. Scott, J King Gordon Oct 1989

The Politics Of The Imagination: A Life Of F.R. Scott, J King Gordon

Dalhousie Law Journal

The task of a biographer is a challenging one at best. And when the subject is one who has achieved distinction in many fields the difficulties are magnified many times. Better, perhaps, to settle for a Festschift where colleagues and friends in fields in which the subject has excelled join together to pay their separate tributes. So in the case of Frank Scott and his biographer, Sandra Djwa. She is a professor of literature and has achieved recognition for the work she has done on the writings and life of E.J. Pratt. It was undoubtedly Frank Scott, the distinguished Canadian …


Eminent Domain, Police Power, And Business Regulation: Economic Liberty And The Constitution, Philip P. Houle Sep 1989

Eminent Domain, Police Power, And Business Regulation: Economic Liberty And The Constitution, Philip P. Houle

West Virginia Law Review

No abstract provided.


Revolutions And Constitutions, Louis Henkin May 1989

Revolutions And Constitutions, Louis Henkin

Louisiana Law Review

No abstract provided.


Eficacia Y Autoridad Del Precedente Constitucional En America Latina: Las Lecciones Del Derecho Com Parado, Alejandro M. Garro Apr 1989

Eficacia Y Autoridad Del Precedente Constitucional En America Latina: Las Lecciones Del Derecho Com Parado, Alejandro M. Garro

University of Miami Inter-American Law Review

No abstract provided.


Mastery, Slavery, And Emancipation, Guyora Binder Mar 1989

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …


Defining Religion In The First Amendment: A Functional Approach , Ben Clements Mar 1989

Defining Religion In The First Amendment: A Functional Approach , Ben Clements

Cornell Law Review

No abstract provided.


Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan Jan 1989

Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan

Osgoode Hall Law Journal

The author provides an analysis and critique of the various types of arguments advanced by Canadian constitutional jurists to establish formal grounds for the legitimacy of judicial review under the Canadian constitution. He demonstrates how two variables - constitutional truth and trust in the judiciary - are relied upon in past and contemporary debates about constitutional adjudication to construct four different types of argument about the legitimacy of judicial review. Each of these types of argument is then criticized in the context of recent Charter decisions. It is argued that none of them can sustain the burden of legitimating judicial …


Securing Constitutional Rights Of Prisoners: A New Mission For The Apa?, Harry L. Witte Jan 1989

Securing Constitutional Rights Of Prisoners: A New Mission For The Apa?, Harry L. Witte

Harry L Witte

No abstract provided.


The Education Of Robert Bork, Robert C. Power Jan 1989

The Education Of Robert Bork, Robert C. Power

Robert C Power

No abstract provided.


Interpreting An Unwritten Constitution, Ronald D. Rotunda Jan 1989

Interpreting An Unwritten Constitution, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.


Restructuring A Democracy: An Analysis Of The New Proposed Constitution For Israel, Marina O. Lowy Jan 1989

Restructuring A Democracy: An Analysis Of The New Proposed Constitution For Israel, Marina O. Lowy

Cornell International Law Journal

No abstract provided.


Bringing The Law To Life: A Plea For Disenchantment , Frank Michelman Jan 1989

Bringing The Law To Life: A Plea For Disenchantment , Frank Michelman

Cornell Law Review

No abstract provided.


Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo Jan 1989

Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo

Fordham Law Review

No abstract provided.


Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar Jan 1989

Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar

Osgoode Hall Law Journal

Three distinct adjudicatory processes are found in appellate courts: decisional adjudication (applying principles), procedural adjudication (choosing among principles), and diagnostic adjudication (defining and developing principles). The Supreme Court of Canada has traditionally used procedural adjudication, in which the adversary process frames issues and generates supporting material. However, the Court's decreased caseload, its increased discretion to select cases, and the arrival of a new wave of issues under the Charter of Rights has shifted the Court's work to diagnostic adjudication. As judgment becomes less a choice problem and more a creative exercise, both the degree and kind of judicial involvement changes. …


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.


Commentary, The Selling Of Jury Deliberations, Robert F. Nagel Jan 1989

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

Publications

No abstract provided.


Governmental Aid To Religious Entities: The Total Subsidy Position Prevails, G. Sidney Buchanan Jan 1989

Governmental Aid To Religious Entities: The Total Subsidy Position Prevails, G. Sidney Buchanan

Fordham Law Review

No abstract provided.


God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle Jan 1989

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle

Fordham Law Review

No abstract provided.


Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly Jan 1989

Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly

Fordham Law Review

No abstract provided.


Forgetting The Constitution, Robert F. Nagel Jan 1989

Forgetting The Constitution, Robert F. Nagel

Publications

No abstract provided.


Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel Jan 1989

Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel

Publications

No abstract provided.


Presidential Management Of Agency Rulemaking, Harold H. Bruff Jan 1989

Presidential Management Of Agency Rulemaking, Harold H. Bruff

Publications

No abstract provided.


Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff Jan 1989

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

No abstract provided.


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Jan 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Publications

No abstract provided.


Foreword: The Vanishing Constitution, Erwin Chemerinsky Jan 1989

Foreword: The Vanishing Constitution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky Jan 1989

The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Constitution's Accommodation Of Social Change, Philip A. Hamburger Jan 1989

The Constitution's Accommodation Of Social Change, Philip A. Hamburger

Faculty Scholarship

Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law – text and interpretation – to accommodate such developments?