Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (8)
- BLR (6)
- University of San Diego (3)
- Georgetown University Law Center (2)
- University of Michigan Law School (2)
-
- Washington and Lee University School of Law (2)
- Brigham Young University Law School (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Georgia State University College of Law (1)
- Roger Williams University (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- Keyword
-
- Comparative and Foreign Law (9)
- Constitutional Law (9)
- International Law (6)
- Civil Rights and Discrimination (4)
- Comparative law (4)
-
- Human Rights Law (4)
- Judicial review (4)
- Courts (3)
- Jurisprudence (3)
- Public Law and Legal Theory (3)
- Bioethics and Law (2)
- Constitution – Interpretation and construction (2)
- Constitutional law (2)
- Domestic Relations (2)
- Law and Society (2)
- Physician-Assisted Suicide (2)
- Politics (2)
- Selected Professional Activities (2)
- Affirmative Action; Foreign Law; Comparative Law; Supreme Court of the United States; Race Issues (1)
- Alien and Sedition Acts of 1798 (1)
- Banning of political parties (1)
- Bosnia–Hercegovina (1)
- Brandenburg v. Ohio (1)
- CERCLA (1)
- Comparative Law (1)
- Comparative constitutional law (1)
- Constitution (1)
- Constitutional Court (1)
- Constitutional Reform Bill (1)
- Constitutional government (1)
- Publication
-
- Charles H. Baron (6)
- ExpressO (6)
- University of San Diego Public Law and Legal Theory Research Paper Series (3)
- Articles (2)
- Georgetown Law Faculty Publications and Other Works (2)
-
- Washington and Lee Law Review (2)
- All Faculty Scholarship (1)
- BYU Law Review (1)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Scholarship (1)
- Florida State University Journal of Transnational Law & Policy (1)
- Law Faculty Scholarship (1)
- Nicos Trimikliniotis (1)
- Richmond Journal of Global Law & Business (1)
- Zachary Elkins (1)
- Publication Type
Articles 1 - 30 of 32
Full-Text Articles in Constitutional Law
Appointed To The Scientific Committee Of The European Centre For Life Sciences, Health, And The Courts At The Collegio Ghislieri At The University Of Pavia, Charles Baron
Charles H. Baron
No abstract provided.
Normativity And Biomedicine In The United States Of America, Charles Baron
Normativity And Biomedicine In The United States Of America, Charles Baron
Charles H. Baron
No abstract provided.
De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron
De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron
Charles H. Baron
No abstract provided.
Appointed To The Scientific Committee Of The European Centre For Life Sciences, Health, And The Courts At The Collegio Ghislieri At The University Of Pavia, Charles Baron
Charles H. Baron
No abstract provided.
De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron
De Quinlan À Schiavo: Le Droit À La Mort Et Le Droit À La Vie En Droit Américain, Charles Baron
Charles H. Baron
No abstract provided.
Grutter's First Amendment, Paul Horwitz
Grutter's First Amendment, Paul Horwitz
University of San Diego Public Law and Legal Theory Research Paper Series
Most of the reaction to the Supreme Court's decision affirming the law school affirmative action policy at issue in Grutter v. Bollinger has focused on its Fourteenth Amendment implications. But Grutter also raises significant First Amendment issues. By reaffirming a First Amendment value of "educational autonomy," the Grutter Court raised a host of questions with implications not only for the constitutional law of academic freedom, but for First Amendment jurisprudence generally. This article therefore puts the Fourteenth Amendment to one side and provides a detailed analysis of the First Amendment implications of Grutter.
Some of the consequences of the Court's …
The Hollowness Of The Harm Principle, Steven D. Smith
The Hollowness Of The Harm Principle, Steven D. Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …
Generic Constitutional Law, David S. Law
Generic Constitutional Law, David S. Law
University of San Diego Public Law and Legal Theory Research Paper Series
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here and in other countries. Several explanations are offered for this development. First, constitutional courts face common normative concerns pertaining to countermajoritarianism and, as a result, experience a common need to justify judicial review. These concerns, and the stock responses that courts have developed, amount to a body of generic constitutional theory. Second, courts employ common problem-solving skills in constitutional cases. The use of these skills constitutes what might be called generic constitutional analysis. Third, courts face overlapping influences, largely not of their own making, that …
A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris
A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris
ExpressO
Attempts to outlaw political groups that are alleged to approve the use of violence, to limit the expression of views that challenge the core values of democratic nation-states, and to ban radical, separatist, or religious political parties are more widespread in recent years than at any other time since 1945. They gave rise in the last few years to litigation in Constitutional Courts and Supreme Courts in Spain, Germany, Turkey, France, Israel, and Latvia, as well as in the European courts.
The present article tells the story of the encounter in the years 1959-1965 between the Pan-Arab national movement El …
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald
Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald
ExpressO
No abstract provided.
The Right To Family Life And Civil Marriage Under International Law And Its Implementation In The State Of Israel, Yuval Merin
The Right To Family Life And Civil Marriage Under International Law And Its Implementation In The State Of Israel, Yuval Merin
ExpressO
The article deals with the protection of the right to family life under international law and its implementation in the State of Israel on three levels: protection of the family cell as a single unit; protection of the individuals comprising the family unit; and protection of the family in special circumstances (e.g., immigration rights).
The article begins by analyzing the characteristics of the right to family life and examining various definitions of the “family” under international and Israeli law. It also examines what it is that the right to family life encompasses and how it should be classified within the …
Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla
Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla
BYU Law Review
No abstract provided.
Beyond Rights: Legal Process And Ethnic Conflicts, Elena A. Baylis
Beyond Rights: Legal Process And Ethnic Conflicts, Elena A. Baylis
ExpressO
Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. The realities of ethnic conflict are daunting: ethnic disputes tend to be both persistent and complex, and efforts to use democracy or ethnic-blind policies to deal with those conflicts tend to fail. While multi-ethnic states have struggled to devise political solutions for ethnic conflict, they have largely ignored the role that legal processes might play in resolving ethnic discord. But at certain crucial moments in the development of ethnic conflicts, legal processes such as mediation, adjudication, and constitutional interpretation might effectively address these disputes.
This article explores …
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Free Exercise Of Religion In Germany And The United States, Edward J. Eberle
Law Faculty Scholarship
In this Article, Professor Edward Eberle provides a comparative overview of constitutional safeguards affecting religious freedom in Germany and the United States. Specifically the author analyzes the German and American approaches to the free exercise of religion within their respective constitutional systems. The result is an illuminating exposition that provides much insight for comparative and constitutional scholars.
In the years following the Second World War, religious freedoms in Germany developed along similar, individualist paths to those found in the United States Constitution. However, unlike the Constitution, the Basic Law's provisions touching on religious liberty are detailed and quite elaborate and …
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller
Washington and Lee Law Review
No abstract provided.
The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca
The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca
Washington and Lee Law Review
No abstract provided.
The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes
The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes
ExpressO
No abstract provided.
What Future Democracy?, Aziz Rana
What Future Democracy?, Aziz Rana
Cornell Law Faculty Publications
The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.
When Yasir Esam Hamdi Meets Zacarias Moussaoui, Frank Durham
When Yasir Esam Hamdi Meets Zacarias Moussaoui, Frank Durham
Richmond Journal of Global Law & Business
No abstract provided.
The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz
The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz
Florida State University Journal of Transnational Law & Policy
No abstract provided.
After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham
After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
The Conceptual Jurisprudence Of The German Constitution, William Ewald
The Conceptual Jurisprudence Of The German Constitution, William Ewald
All Faculty Scholarship
No abstract provided.
Courts As Forums For Protest, Jules Lobel
Courts As Forums For Protest, Jules Lobel
Articles
For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely forums to settle private disputes, but can also be used as instruments of societal change. Academics termed the emerging model the hein"public law" or "institutional reform" model.
The ongoing debate between these two views of the judicial role has obscured a third model of the role …
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Articles
In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin
Book Chapters
Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's …
Marbury V. Madison Around The World, Mark V. Tushnet
Marbury V. Madison Around The World, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
To put the point somewhat strongly for emphasis, the U.S. system of judicial review is now something of an outlier among systems of constitutional review. In this Essay, I consider three aspects of such systems: the structures of review, the theories of review, and the forms of review. My aim is primarily one of description, aiming to highlight the ways in which the U.S. system resembles and differs from the newer systems of judicial review. The U.S. system of judicial review has close-and more distant-relatives in each of these categories. However, the U.S. system remains distinctive in that it combines …
Interpreting Constitutions Comparatively: Some Cautionary Notes, With Reference To Affirmative Action, Mark V. Tushnet
Interpreting Constitutions Comparatively: Some Cautionary Notes, With Reference To Affirmative Action, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
It has now become the conventional wisdom that many justices on the United States Supreme Court are thinking about the relevance of comparative constitutional law to the interpretation of the United States Constitution. An emerging conservative critique of doing so questions the democratic legitimacy of the practice. I believe that those questions are badly formed, but that other questions are worth raising about the (perhaps) emerging practice. In this comment I identify some reasons for caution about the use of transnational comparative law in interpreting domestic constitutions. Some reasons are institutional, others arise from the doctrinal context within which particular …
Marbury V. Madison And European Union "Constitutional" Review, George A. Bermann
Marbury V. Madison And European Union "Constitutional" Review, George A. Bermann
Faculty Scholarship
The U.S. Supreme Court's decision in Marbury v. Madison specifically raises the question of the legitimacy of a "horizontal" species of judicial review, that is, review by courts of the exercise of powers by the coordinate branches of government. The same question could be asked with respect to judicial review in the European Union. More particularly, how problematic or contestable has "horizontal" judicial review been within the European Union as a matter of principle? And, irrespective of its contestability, how have the courts of the European Union exercised "horizontal" review? We will find, however, that it is not the "horizontal" …
Normativity And Biomedicine In The United States Of America, Charles Baron
Normativity And Biomedicine In The United States Of America, Charles Baron
Charles H. Baron
No abstract provided.