Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Legal Profession (2)
- Supreme Court of the United States (2)
- Common Law (1)
- Criminal Law (1)
-
- First Amendment (1)
- Health Law and Policy (1)
- International Law (1)
- Judges (1)
- Jurisdiction (1)
- Law and Politics (1)
- Legal Studies (1)
- Legal Theory (1)
- Legislation (1)
- Medical Jurisprudence (1)
- Natural Law (1)
- President/Executive Department (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- Institution
- Keyword
-
- Balance between individual and collective values (1)
- Canadian Charter (1)
- Citizen participation (1)
- Columbia Law Review (1)
- Communities (1)
-
- Consequentialism (1)
- Consequentialist analyses (1)
- Constitutional law (1)
- Criminal appeals (1)
- Delegation doctrine (1)
- Democracy (1)
- Ethics in Government Act (1)
- Evidentiary objections (1)
- Individualism (1)
- Interpretation (1)
- Irwin Toy (1)
- Justice Scalia (1)
- Lawyers (1)
- Liberalism (1)
- Moral rights (1)
- Morrison v. Olson (1)
- Paul Verkuil (1)
- Political theory (1)
- Post-conviction relief (1)
- Power (1)
- Public interest (1)
- Roger J Miner (1)
- Rule of law (1)
- S. 1 (1)
- S. 2(b) (1)
Articles 1 - 8 of 8
Full-Text Articles in Rule of Law
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
The Common Law Tradition, Mark Weston Janis
The Common Law Tradition, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle
Autonomous Decisionmaking And Social Choice: Examining The “Right To Die”, 77 Ky. L.J. 319 (1989), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
A Skeptical Look At Contemporary Republicanism, Terrance Sandalow
Articles
A growing number of scholars have been led by that impulse to an interest in 'the republican tradition," arguing that it offers resources for correcting the deformities they perceive in contemporary life and for which they hold liberalism responsible. Republicanism is a mansion with many rooms, and its modem interpreters emphasize varying possibilities within it, but common to all is the vision of a politics that recognizes and seeks to strengthen the social bonds within a political community. Within the limits set by that vision differences abound, just as differences exist among liberals concerning appropriate political foundations for individual freedom. …
Of Chickens And Eggs−−The Compatibility Of Moral Rights And Consequentialist Analyses, Randy E. Barnett
Of Chickens And Eggs−−The Compatibility Of Moral Rights And Consequentialist Analyses, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Philosophers are accustomed to thinking of moral rights and consequentialist analyses as fundamentally incompatible. They frequently debate cases--both hypothetical and real--in which rights and consequences are in conflict. For example, suppose an innocent child knows the whereabouts of a terrorist who has planted a nuclear bomb in a city. Would it be permissible to violate the child's moral right to be free from torture, if this was the only way to save millions of innocent lives? If this is permissible, then do not moral rights yield to concerns about consequences? Or suppose that a community incorrectly believes that an innocent …
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
Articles & Book Chapters
The author submits that the logic and purpose of the Canadian Charter of Rights and Freedom, as it was originally conceived, demand that the substantive rights be given a broad and literal interpretation with limitations imposed exclusively under section 1. This distinction between breach and justification must be maintained to preserve the Charter's integrity. The author suggests that the Supreme Court of Canada's decision in Irwin Toy will only perpetuate the confusion surrounding Charter interpretation. The Court again failed to articulate a concrete conception of section 1 review, and, in obiter dicta, noted that forms of expressive activity having physical …
Legislative Theory And The Rule Of Law: Some Comments On Rubin, Peter L. Strauss
Legislative Theory And The Rule Of Law: Some Comments On Rubin, Peter L. Strauss
Faculty Scholarship
Professor Rubin's article is an admirable piece of work on many levels, from its attention to jurisprudence to its concern with the practical changes in the Congress and its function, and their implications. In commenting on it, I mean to restrict myself to the latter subjects. These are the matters that have the closest tangency to my own work and produce for me the strongest response. Professor Rubin has given us a compelling statement of the problems posed for contemporary constitutional and legislative theory by one transformation in statutory practice accompanying the rise of the administrative state, the change from …
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
Publications
No abstract provided.