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Articles 1 - 7 of 7
Full-Text Articles in Rule of Law
Separation Of Law And State, Talia Fisher
Separation Of Law And State, Talia Fisher
University of Michigan Journal of Law Reform
In the framework of the jurisprudential literature, the law-state bond is assumed as a given. Points of dispute emerge only at more advanced stages of the discussion, with respect to such questions as the duty to obey state law or the appropriate extent of state intervention in social relations. This Article will be devoted to a reconsideration of the presupposition of the law-state link and to challenging the state's status vis-à-vis the law-both in its role as the producer of legal norms and its capacity as the arbiter of disputes.
The Article opens with a comparative elucidation of the Hobbesian …
State Supreme Court Opinions As Law Development, Victor Eugene Flango
State Supreme Court Opinions As Law Development, Victor Eugene Flango
The Journal of Appellate Practice and Process
No abstract provided.
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
The Journal of Appellate Practice and Process
No abstract provided.
Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai
Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai
Michigan Law Review
Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated …
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
Richmond Journal of Global Law & Business
“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government.
One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt
One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt
Vanderbilt Journal of Transnational Law
The government of Russia and the Russian Orthodox Church (ROC)--the country's predominant religious group--recently underwent back-to-back changes in each institution's respective leadership. This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church-state relations in the Russian Federation. Following a discussion of the presidential and patriarchal elections that occurred between March 2008 and January 2009, the Article surveys recent developments in Russia as they relate to the nation's constitutional obligations. In the face of this analysis, the Article argues that the government and the ROC alike continue to willfully undermine the constitutional principles of …
Sovereignty In The Age Of Twitter, Donald L. Doernberg
Sovereignty In The Age Of Twitter, Donald L. Doernberg
Villanova Law Review
No abstract provided.