Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark Rosen Dec 2013

Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark Rosen

Mark D. Rosen

No abstract provided.


Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen Dec 2012

Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen

Mark D. Rosen

No abstract provided.


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Dec 2011

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

Mark D. Rosen

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 …


State Extraterritorial Powers Reconsidered, Mark D. Rosen Dec 2009

State Extraterritorial Powers Reconsidered, Mark D. Rosen

Mark D. Rosen

No abstract provided.