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Full-Text Articles in Legal History
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
All Faculty Scholarship
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to legislative …
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Dr. Rafał Mańko
After 1989, the Polish legal elites embraced a transform-ation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As aconsequence, links with the state-socialist past are repressed from thecollective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressedweeds return in the form of symptoms – legal survivals, which lawyerstend to ignore or conceal because they subvert the dominant ideologicalnarrative. In this paper, I focus on metanormative survivals of the So-cialist Legal Tradition in Poland which can all be brought under …
The Rule Of Law In Historical Perspective, William Burnett Harvey
The Rule Of Law In Historical Perspective, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
The Challenge Of The Rule Of Law, William Burnett Harvey
The Challenge Of The Rule Of Law, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.