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Articles 1 - 4 of 4
Full-Text Articles in Rule of Law
Judicial Declaration Of Public Policy, Ruggero J. Aldisert
Judicial Declaration Of Public Policy, Ruggero J. Aldisert
The Journal of Appellate Practice and Process
No abstract provided.
District Of Columbia V. Heller And Originalism, Lawrence B. Solum
District Of Columbia V. Heller And Originalism, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
On June 26, 2008, the United States Supreme Court handed down its 5-4 decision in District of Columbia v. Heller, striking a District of Columbia statute that prohibits the possession of useable handguns in the home on the ground that it violated the Second Amendment to the United States Constitution. Justice Scalia's majority opinion drew dissents from Justice Stevens and Justice Breyer. Collectively, the opinions in Heller represent the most important and extensive debate on the role of original meaning in constitutional interpretation among the members of the contemporary Supreme Court.
This article investigates the relationship between originalist constitutional …
When Does Might Make Right? Using Force For Regime Change, John Linarelli
When Does Might Make Right? Using Force For Regime Change, John Linarelli
Scholarly Works
Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …
A Review Of “How Judges Think” By Richard A Posner, Chad Flanders
A Review Of “How Judges Think” By Richard A Posner, Chad Flanders
All Faculty Scholarship
This is a short review of How Judges Think by Richard Posner.