Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (3)
- American influence on Israeli Law (1)
- Boundaries (1)
- Common law (1)
- Comparative law (1)
-
- Constitutional convention (1)
- Constitutional history (1)
- Contempt of legislative bodies--United States (1)
- Defeasible reasoning (1)
- Executive power (1)
- Federalist (1)
- Freedom of expression (1)
- George Washington Law Review (1)
- Government liability (1)
- Incorporation (1)
- Israel's jurisprudence of freedom of expression (1)
- Law--Interpretation and construction (1)
- Legal history (1)
- Original intent (1)
- Original meaning (1)
- Originalism (1)
- Presidents (1)
- Separation of powers (1)
- Stare decisis (1)
- State governments (1)
- War and emergency powers (1)
Articles 1 - 5 of 5
Full-Text Articles in Legal History
American Influence On Israeli Law: Freedom Of Expression, Pnina Lahav
American Influence On Israeli Law: Freedom Of Expression, Pnina Lahav
Faculty Scholarship
This chapter provides a historical overview of the American influence on Israel’s jurisprudence of freedom of expression from the 1950s to the first decade of the twenty first century. The chapter uses the format of decades, presenting representative cases for each decade, to record the process by which Israeli judges incorporated and sometimes rejected themes from the U.S. jurisprudence of freedom of expression. In the course of discussing the jurisprudential themes the chapter also highlights the historical context in which the cases were decided, from the war in Korea and McCarthyism in the 1950s, to the process of globalization which …
Interpretive Contestation And Legal Correctness, Matthew D. Adler
Interpretive Contestation And Legal Correctness, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Historical Gloss And The Separation Of Powers, Curtis A. Bradley, Trevor W. Morrison
Historical Gloss And The Separation Of Powers, Curtis A. Bradley, Trevor W. Morrison
Faculty Scholarship
Arguments based on historical practice are a mainstay of debates about the constitutional separation of powers. Surprisingly, however, there has been little sustained academic attention to the proper role of historical practice in this context. The scant existing scholarship is either limited to specific subject areas or focused primarily on judicial doctrine without addressing the use of historical practice in broader conceptual or theoretical terms. To the extent that the issue has been discussed, most accounts of how historical practice should inform the separation of powers require “acquiescence” by the branch of government whose prerogatives the practice implicates, something that …
Constitutional Backdrops, Stephen E. Sachs
Constitutional Backdrops, Stephen E. Sachs
Faculty Scholarship
The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text, many scholars have sought answers to such questions in Founding-era history. But why should the historical answers be valid today, if they were never codified in the Constitution's text?
This Article describes a category of legal rules that weren't adopted in the text, expressly or implicitly, but which nonetheless have continuing legal force under the written Constitution. These …
The Case For Original Intent, Jamal Greene
The Case For Original Intent, Jamal Greene
Faculty Scholarship
This Article seeks to situate the constitutional culture's heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because they supply evidence of original meaning but rather because the practice of advancing historical arguments is best understood as a rhetorical exercise that derives persuasive authority from the heroic character of the Founding generation. This exercise fits within a long tradition of originalist argument and need not be abandoned in the quest for a more perfect originalism.