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Public Law and Legal Theory Commons

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Constitutional Law

University of Connecticut

Series

Articles 1 - 7 of 7

Full-Text Articles in Public Law and Legal Theory

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal Sep 2011

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.


Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay Jan 2009

Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay

Faculty Articles and Papers

In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the original public meaning of the Constitution's words. This article is a critical analysis of that development. In the actual course of adjudication by honest and competent judges either method should usually yield the same result. The reliance on public meaning, however, distracts the interpreter from the connection between the normative force of the Constitution and the founding events, a link that is essential to the legitimacy of constitutional judicial review. In the hands of …


"Originalist" Values And Constitutional Interpretation, Richard Kay Jan 1996

"Originalist" Values And Constitutional Interpretation, Richard Kay

Faculty Articles and Papers

No abstract provided.


On Conduits And Voices, Thomas Morawetz Jan 1996

On Conduits And Voices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay Jan 1993

The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay

Faculty Articles and Papers

No abstract provided.


Comparative Constitutional Fundamentals, Richard Kay Jan 1991

Comparative Constitutional Fundamentals, Richard Kay

Faculty Articles and Papers

No abstract provided.


Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay Jan 1989

Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay

Faculty Articles and Papers

No abstract provided.