Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duquesne University (4)
- University of Pittsburgh School of Law (4)
- New York Law School (3)
- SelectedWorks (3)
- University of Pennsylvania Carey Law School (3)
-
- Maurer School of Law: Indiana University (2)
- Selected Works (2)
- UIC School of Law (2)
- University of Colorado Law School (2)
- Columbia Law School (1)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Montclair State University (1)
- University of Florida Levin College of Law (1)
- University of Michigan Law School (1)
- Wayne State University (1)
- Keyword
-
- Politics (7)
- Democracy (5)
- Government (5)
- History (4)
- Law (4)
-
- Philosophy (4)
- Religion (4)
- Theology (4)
- United States (4)
- Constitution (3)
- Courts (3)
- International law (3)
- Constitutional law (2)
- Constitutionalism (2)
- Jurisdiction (2)
- Law and Society (2)
- Abortion (1)
- Access information (1)
- Acknowledgement doctrine (1)
- Administrative law (1)
- Affirmative action (1)
- Agencies (1)
- American federal system (1)
- Articles (1)
- Autónomos (1)
- Bipartisan Campaign Reform Act (BCRA) (1)
- British legal scholarship (1)
- Bruno (1)
- Camera Phone Predator Alert bill (1)
- Campaign finance (1)
- Publication
-
- Articles (4)
- Ledewitz Papers (4)
- All Faculty Scholarship (3)
- Indiana Journal of Global Legal Studies (2)
- NYLS Law Review (2)
-
- Publications (2)
- UIC Law Review (2)
- Antonio-Carlos Pereira-Menaut (1)
- Bruno L. Costantini García (1)
- Cornell Law Faculty Publications (1)
- Department of Political Science and Law Faculty Scholarship and Creative Works (1)
- Donald J. Kochan (1)
- Edsel F Tupaz (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Research Publications (1)
- Other Publications (1)
- Rena M Lindevaldsen (1)
- Ronald L. Steiner (1)
- Testimony (1)
- UF Law Faculty Publications (1)
- Publication Type
Articles 31 - 33 of 33
Full-Text Articles in Constitutional Law
Is The Constitution Libertarian?, Randy E. Barnett
Is The Constitution Libertarian?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Ever since Justice Holmes famously asserted that “the Constitution does not enact Mr. Herbert Spencer’s Social Statics,” academics have denied that the Constitution is libertarian. In this essay, I explain that the Constitution is libertarian to the extent that its original meaning respects and protects the five fundamental rights that are at the core of both classical liberalism and modern libertarianism. These rights can be protected both directly by judicial decisions and indirectly by structural constraints. While the original Constitution and Bill of Rights provided both forms of constraints, primarily on federal power, it left states free to violate the …
Understanding The Prop 8 Litigation: The Scope Of Direct Democracy And Role Of Judicial Scrutiny, Ronald Steiner
Understanding The Prop 8 Litigation: The Scope Of Direct Democracy And Role Of Judicial Scrutiny, Ronald Steiner
Ronald L. Steiner
Once the California Supreme Court decision is handed down, the precise contours of the battle over Proposition 8 and marriage equality will change, but nothing on the political horizon will make moot many of the fundamental issues direct democracy raises for California and the nation. A special and enduring element of the Prop 8 controversy is the role of judicial review in the scrutiny of the results of ballot propositions. A slice of conventional wisdom seems to suggest that the results of plebiscites should be nearly immune from judicial review. On the other hand, many political and legal scholars are …
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …