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Articles 1 - 30 of 419
Full-Text Articles in Law
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
William & Mary Law Review
Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
William & Mary Law Review
No abstract provided.
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department - In Re Heckl, Michael Prisco
Appellate Division, Fourth Department - In Re Heckl, Michael Prisco
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel
Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - In Re Suarez, Malaika Makembe
Court Of Appeals Of New York - In Re Suarez, Malaika Makembe
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. White, Rosalinde Casalini
Court Of Appeals Of New York - People V. White, Rosalinde Casalini
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico
Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann
Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Luciano, Natasha Shishov
Court Of Appeals Of New York - People V. Luciano, Natasha Shishov
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz
Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Williams, Brian E. Peterson
Appellate Division, First Department - People V. Williams, Brian E. Peterson
Touro Law Review
No abstract provided.
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Court Of Appeals Of New York – People V. Hall, Christopher Shishko
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - Giaquinto V. Comm’R Of New York State Dep’T Of Health, Heather Wine
Court Of Appeals Of New York - Giaquinto V. Comm’R Of New York State Dep’T Of Health, Heather Wine
Touro Law Review
No abstract provided.
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Touro Law Review
No abstract provided.
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Getting Juvenile Life Without Parole “Right” After Miller V. Alabama, Doriane L. Coleman, James E. Coleman Jr.
Getting Juvenile Life Without Parole “Right” After Miller V. Alabama, Doriane L. Coleman, James E. Coleman Jr.
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes, Ernest Caldwell
Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes, Ernest Caldwell
Chicago-Kent Law Review
Western academics who criticize Chinese constitutionalism often focus on the inability of the Supreme People's Court to effectively enforce the rights of Chinese citizens enshrined within the Constitution of the People's Republic of China. Such criticism, I argue, is the result of analytical methods too invested in Anglo-American constitutional discourse. These approaches tend to focus only on those Chinese political issues that impede the institution of western-style judicial review mechanisms, and often construe a 'right' as merely having vertical effect (i.e., as individual rights held against the State). Drawing on recent scholarship that studies Chinese constitutionalism using its own categories …
From Constitutional Listening To Constitutional Learning, Leigh Jenco
From Constitutional Listening To Constitutional Learning, Leigh Jenco
Chicago-Kent Law Review
In this article, I point out some limitations of Michael Dowdle's "listening" model, particularly its basis in the "principle of charity." I try to show that listening, as well as the principle of charity, are inadvertently passive and one-sided exercises that seem to have little similarity to the deeply self-transformative "learning" Dowdle urges us to undertake. I go on to suggest other ways of accomplishing the goals Dowdle sets for this project. Specifically, I develop the "self-reflexive approach" to think about how we might change ourselves—our conversations, our terms, our concerns—in addition to, and in the process of, learning from …
The Unity Of Constitutional Values: A Comment On Ernest Caldwell's "Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes", Arif A. Jamal
Chicago-Kent Law Review
Ernest Caldwell wants to defend Chinese constitutionalism from criticism, mainly from Western constitutional scholars or scholars who hold up Western constitutional patterns as an ideal. Caldwell makes both a 'comparative' claim and a 'value' claim. The comparative claim is that Chinese constitutional law must be understood on its own terms and that on these terms it does protect rights, even if it does not do so in the same way as Western constitutional law. The value claim is that the procedures in China's legal system satisfy value concerns captured in the term 'constitutionalism' because they show how that system respects …
From Constitutional Listening To Moral Listening, Roy Tseng
From Constitutional Listening To Moral Listening, Roy Tseng
Chicago-Kent Law Review
In order to provide comments on Michael Dowdle's account of "Constitutional Listening," this paper aims to establish three counter-arguments. First of all, in contrast to Dowdle's particularly narrow understanding of liberalism, I argue that to evaluate the moral import of liberalism properly, we need to draw attention to the diversities of liberalism. According to what I will call "historicist liberalism," for example, in understanding other cultures we should try to show sensitivities toward alien political systems and moral values. Second of all, although I appreciate Dowdle's effort to avoid the misinterpretation of non-Western constitutional discourse, I do not agree with …
Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel
Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel
Chicago-Kent Law Review
The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …
Constitutionalism: East Asian Antecedents, Tom Ginsburg
Constitutionalism: East Asian Antecedents, Tom Ginsburg
Chicago-Kent Law Review
To what degree can traditional Asian political and legal institutions be seen as embodying constitutionalist values? This question has risen to the fore in recent decades as part of a new attention to constitutionalism around the world, as well as the decline in orientalist perceptions of Asia as a region of oppressive legal traditions. This article juxtaposes East Asian analogues or antecedents of constitutionalism with a particular set of recent theoretical understandings of the concept of constitutionalism. After conducting a historical review of political and legal institutions in China, Japan and Korea, the article argues that we can indeed speak …
Beyond The Courts, Beyond The State: Reflections On Caldwell's "Horizontal Rights And Chinese Constitutionalism", Victor V. Ramraj
Beyond The Courts, Beyond The State: Reflections On Caldwell's "Horizontal Rights And Chinese Constitutionalism", Victor V. Ramraj
Chicago-Kent Law Review
This article provides a critical response to Ernest Caldwell's article, Horizontal Rights and Chinese Constitutionalism: Judicialization through Labor Disputes. According to Caldwell, those looking for an emerging constitutional culture in China should be looking not in the higher courts (as the American paradigm of constitutional law suggests), but in the lower courts that settle day-to-day disputes. Moreover, the constitutional discourse in those lower courts is not about limiting state power, but about the need for "horizontal" protections of citizens—specifically laborers—from their powerful employers in furtherance of constitutional values. This article offers three responses to Caldwell's thesis. First, while acknowledging and …
Constitutionalism And The Rule Of Law: Considering The Case For Antecedents, Rogers M. Smith
Constitutionalism And The Rule Of Law: Considering The Case For Antecedents, Rogers M. Smith
Chicago-Kent Law Review
Tom Ginsburg credibly establishes that East Asian legal traditions include elements that can be considered antecedents for perhaps the strongest form of the rule of law, constitutional restraints that apply even to sovereigns. Treating these precedents chiefly as anticipations of Western-style constitutionalism, however, may be historically misleading and may inhibit reflection on the desirability of practices that represent alternatives to Western conceptions of the rule of law.
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
West Virginia Law Review
No abstract provided.
Excavating Constitutional Antecedents In Asia: An Essay On The Potential And Perils, Arun K. Thiruvengadam
Excavating Constitutional Antecedents In Asia: An Essay On The Potential And Perils, Arun K. Thiruvengadam
Chicago-Kent Law Review
This essay seeks to endorse Tom Ginsburg's call for studies that expand the relatively limited range of historically informed scholarship on constitutional law in Asia. Such a trend will no doubt also broaden the focus of the discipline of contemporary constitutional scholarship, which remains unjustifiably narrow and excludes many regions of the globe. While appreciating the virtues of Ginsburg's broader analysis, the essay also seeks to draw attention to the potential pitfalls of such historically-oriented inquiry. I emphasize the fact that in many Asian societies, contemporary constitutional practice marks radical departures from pre-existing traditions of law and constitutionalism. Drawing upon …
Constitutional Listening, Michael W. Dowdle
Constitutional Listening, Michael W. Dowdle
Chicago-Kent Law Review
This article explores a particular methodology of comparative constitutional analysis that it calls "constitutional listening." Derived from the interpretive "principle of charity," constitutional listening involves interpreting constitutional discourse of other polities in their best light. This includes not simply polities whose constitutional structures and values resemble our own, but perhaps even more importantly, polities and constitutional systems whose values and structures seem alien to us. The value of this methodology, it is argued, lies in its ability to expand our understanding of the diversity of experiences that have gone into the human project of constitutionalism, and in the diversity of …
“Abandoned… Without A Word Of Warning”: Perspectives On Maples V. Thomas, Deborah A. Demott
“Abandoned… Without A Word Of Warning”: Perspectives On Maples V. Thomas, Deborah A. Demott
Duke Journal of Constitutional Law & Public Policy
No abstract provided.