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Articles 1 - 6 of 6
Full-Text Articles in Legal History
John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs
John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs
Stephen E. Sachs
Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the …
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …
Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz
Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz
Gregory Lewkowicz
This paper proposes a comparative analysis of some rulings of the US Supreme Court and of the European Court of Human Rights. Reviewing cases related to international legal problems or using comparative legal reasoning, the paper suggests that the difference of attitudes between the two courts in human rights cases is embedded in the classical opposition between men and citizen.
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Stephen E. Sachs
Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a "natural born Citizen" eligible to be president.
A Whale Of A Tale: Post-Colonialism, Critical Theory, And Deconstruction: Revisiting The International Convention For The Regulation Of Whaling Through A Socio-Legal Persepctive, Nick J. Sciullo
Nick J. Sciullo
This article is a critical interpretation of the indigenous whaling debate, which, although often discussed in legal academia, has received only passing critical attention. As a scholar in the critical theory/critical legal studies model, I am primarily concerned with the impact that law and debates about law have on divergent groups (racial, ethnic, gender, etc.). This article develops a criticism of the United States's postcolonial opposition to whaling, arguing, instead, for cultural relativism. The article indicts U.S. imperialism, and treatment of indigenous peoples, arguing for interdisciplinary analysis and a more keen appreciation for the voice of indigenous peoples. As I …