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Comparative and Foreign Law

William & Mary Law School

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Full-Text Articles in Law

Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai Apr 2021

Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai

William & Mary Bill of Rights Journal

Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches. …


Were Justices Lawyers?, Thomas J. Mcsweeney Mar 2020

Were Justices Lawyers?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Legal Genres, Thomas J. Mcsweeney Mar 2020

Legal Genres, Thomas J. Mcsweeney

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No abstract provided.


Who Are The "We"?, Thomas J. Mcsweeney Mar 2020

Who Are The "We"?, Thomas J. Mcsweeney

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No abstract provided.