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Full-Text Articles in Law
The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen
The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Three Theories Of Substantive Due Process, Daniel O. Conkle
Three Theories Of Substantive Due Process, Daniel O. Conkle
Articles by Maurer Faculty
Substantive due process is in serious disarray, with the Supreme Court simultaneously embracing two, and perhaps three, competing and inconsistent theories of decisionmaking. The first two theories, historical tradition and reasoned judgment, have explicit and continuing support in the Court's decisions. Under the theory of historical tradition, substantive due process affords presumptive constitutional protection only to liberties that are "deeply rooted in this Nation's history and tradition." By contrast, the theory of reasoned judgment is far more expansive, permitting the Court to identify rights independently, through a process that amounts to philosophical analysis or political-moral reasoning. The third theory, evolving …
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Interstate Dialogue In State Constitutional Law, Patrick L. Baude
Interstate Dialogue In State Constitutional Law, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Articles by Maurer Faculty
No abstract provided.
Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle
Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs
Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Natural Law In American Constitutional Theory, Fowler V. Harper
Natural Law In American Constitutional Theory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.