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Articles 1 - 10 of 10
Full-Text Articles in Law
The Evolution Of Equality In American Law, Gerald Torres
The Evolution Of Equality In American Law, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler
Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler
Cornell Law Faculty Publications
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Moral Rights, Judicial Review, And Democracy: A Response To Horacio Spector, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Legal Indeterminacy And Institutional Design, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
The Legal And Political Future Of Physician-Assisted Suicide, Larry Palmer
Cornell Law Faculty Publications
No abstract provided.
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Publications
No abstract provided.
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander
Cornell Law Faculty Working Papers
This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.
Liberalism And The Establishment Clause, Steven H. Shiffrin
Liberalism And The Establishment Clause, Steven H. Shiffrin
Cornell Law Faculty Publications
Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.
Although government may promote a particular conception of the good life, …
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Cornell Law Faculty Publications
In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise.
It is my view that efforts to force states …
Designing Judicial Review: A Comment On Schauer, Emily Sherwin
Designing Judicial Review: A Comment On Schauer, Emily Sherwin
Cornell Law Faculty Publications
In his characteristically lucid paper, Neutrality and Judicial Review, Frederick Schauer revisits the meaning and plausibility of Herbert Wechsler’s argument for neutral principles in constitutional adjudication. Unlike some critics, Schauer takes the argument seriously, on its own terms, and does an excellent job of sorting through the different ideas that lie behind it. Schauer identifies four different versions of the argument for neutrality. At least three of these are drawn from Wechsler’s 1959 article. Schauer is particularly interested in a fourth version, which favors neutrality in the design and management of the institution of judicial review.