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Full-Text Articles in Law
Freedom's Associations, Jason Mazzone
Freedom's Associations, Jason Mazzone
Washington Law Review
This Article offers a new approach to the protection of associations under the Constitution. Although the modem Supreme Court's doctrine of freedom of association is based on expression, in the early Republic associations were understood not in terms of free speech, but in terms of freedom of assembly and popular sovereignty. On this account, associations are constitutionally significant because they allow for self-government. Popular sovereignty also offers a more useful basis for understanding freedom of association today. This Article therefore provides tools for assessing the proper scope of constitutional protections for associations once they are understood in terms of popular …
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Washington International Law Journal
Translator's Forward: These are not happy times in Japan. Its economy, at one time the most dynamic on the planet, has been in the dumps for over a decade. The population is both aging and declining. A "lost generation" of young Japanese has come of age amid diminished, and diminishing, expectations. The government, controlled as always by the Liberal Democratic Party ("LDP"), is rigid, bloated, corrupt, and deeply in debt. And there is no real reason to believe that the next decade will bring improvement in any of these areas. Not surprisingly, as Japan's economic juggernaut has faltered, the tone …
The Original Understanding Of The Census Clause: Statistical Estimates And The Constitutional Requirement Of An "Actual Enumeration", Thomas R. Lee
The Original Understanding Of The Census Clause: Statistical Estimates And The Constitutional Requirement Of An "Actual Enumeration", Thomas R. Lee
Washington Law Review
This Article addresses the question of whether statistical methods of estimating the population for purposes of congressional apportionment are consistent with the constitutional requirement of an "actual enumeration." Although the existing literature generally asserts that history provides no meaningful guidance on this question, this Article uncovers an extensive historical record--of both British and American origin—that supports the conclusion that the generation of the Framers understood that an "actual enumeration" would consist of an actual count and would not be based on statistical estimation. Specifically, the Article shows that assessments of population on both sides of the Atlantic routinely contrasted methods …