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Articles 1 - 23 of 23
Full-Text Articles in Judges
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Publications
This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.
On Creativity In Constitutional Interpretation, Pierre Schlag
On Creativity In Constitutional Interpretation, Pierre Schlag
Publications
In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …
Authorizing Interpretation, Pierre Schlag
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Publications
No abstract provided.
A Text Is Just A Text, Paul F. Campos
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
Publications
No abstract provided.
Terminator 2, Robert F. Nagel
Disagreement And Interpretation, Robert F. Nagel
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Liberals And Balancing, Robert F. Nagel
Advice, Consent, And Influence, Robert F. Nagel
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
Freedom Of Speech As Therapy, Pierre Schlag
Book Review, Pierre Schlag
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Publications
The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …
Rules And Standards, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.