Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Judges
Equilibrium, Adam Lamparello
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Shlomo C. Pill
This paper considers the viability of autonomous-text constitutionalism, a constitutional interpretive and adjudicative theory based on Hans Georg-Gadamer’s philosophical hermeneutics. As the paper explains, this theory is premised on the subjectivity of all interpretive activity; it admits the legitimacy of a wide spectrum of reasonable interpretations of the Constitution, each given their unique character by the dialectical merging of experiential horizons between the fixed text and individual interpreter. This theory embraces a plurality of constitutional meanings in theory, limited by the need for unity in national spheres of constitutional practice. Such practical certainty is achieved by our empowering judicial institutions …
Controversial Five-To-Four Supreme Court Decisions And The Majority Of One, Steven I. Friedland
Controversial Five-To-Four Supreme Court Decisions And The Majority Of One, Steven I. Friedland
Steven I. Friedland
Five-to-Four Supreme Court decisions in controversial cases have sparked public backlash in recent years, which has served to reframe the decisions as partisan politics. While judicial decision-making is designed to follow the doctrine of stare decisis, the view that Supreme Court justices have become hemmed in by their ideologies – with perhaps the notable exception of the swing vote of Justice Anthony Kennedy -- has been popularized in the media and blogs. While the Court’s decisions might be intersubjective, meaning bounded by moveable and socially constructed understandings, the real danger is for the justices to feed the perception that the …
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
Daniel M Braun
The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …