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Full-Text Articles in Rule of Law
The Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, And The Future Of Unenumerated Rights, Lawrence B. Solum
The Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, And The Future Of Unenumerated Rights, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay advances a formalist conception of constitutional stare decisis. The author argues that instrumentalist accounts of precedent are inherently unsatisfying and that the Supreme Court should abandon adherence to the doctrine that it is free to overrule its own prior decisions. These moves are embedded in a larger theoretical framework--a revival of formalist ideas in legal theory that he calls "neoformalism" to distinguish his view from the so-called "formalism" caricatured by the legal realists (and from some other views that are called "formalist").
In Part II, The Critique of Unenumerated Constitutional Rights, the author sets the stage by …
The World Bank's Uses Of The "Rule Of Law" Promise In Economic Development, Alvaro Santos
The World Bank's Uses Of The "Rule Of Law" Promise In Economic Development, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
In this chapter, the author seeks to disaggregate the World Bank and provide insight on the impact that particular groups have in dominant development strategies. By analyzing the internal dynamics among groups at the Bank, his aim is to illuminate the rise and fall of ideas about development and their resistance to both empirical evidence and academic critique. These internal dynamics include institutional inertia and constraints, groups’ struggle and competition over resources and prestige, and the relationship between groups at the Bank and the governments of borrowing countries.
The argument presented is that the conceptions of the rule of law …
We The People's Executive, Rosa Ehrenreich Brooks
We The People's Executive, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
Perhaps to no one’s surprise, a recent survey found that most Americans know far more about television hits than they know about the United States Constitution. For instance, 52% of Americans surveyed could name at least two characters from The Simpsons, and 41% could name at least two judges from American Idol. Meanwhile, a mere 28% could identify more than one of the rights protected by the First Amendment.
Surveys such as this help clear up one of the apparent mysteries of the last five years: How did we change so quickly from a nation in which the …