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Full-Text Articles in Law
“We The People” Through Young Eyes, Alan E. Garfield
“We The People” Through Young Eyes, Alan E. Garfield
Alan E Garfield
No abstract provided.
Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation . . . And Parking Tickets, Lawrence Rosenthal
Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation . . . And Parking Tickets, Lawrence Rosenthal
Lawrence Rosenthal
Originalism – the view that constitutional provisions should be interpreted as they were “understood at the time of the law’s enactment” – is the ascendant method of constitutional interpretation. In particular, originalists argue that the Constitution's open-ended provisions should be interpreted in light of their generally understood legal meaning at the time of their framing. An originalist view of due process -- entitling civil and criminal defendants to those procedures considered "due" at the time of framing -- would accordingly condemn any number of innovations in criminal and civil procedures' that alter framing-era procedural rights, such as the novel systems …
The Path To (And From?) Judicial Independence (Reviewing Charles Gardner Geyh, When Courts And Congress Collide: The Struggle For Control Of America’S Judicial System (2006), Robert C. Power
Robert C Power
No abstract provided.
What Should We Celebrate On Constitution Day?, Alan Garfield
What Should We Celebrate On Constitution Day?, Alan Garfield
Alan E Garfield
Congress recently created a new national observance, Constitution Day, to be marked each year on September 17th. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution’s text is hardly perfect, and judicial interpretations of the Constitution are themselves problematic. To identify what Americans should celebrate on Constitution Day, this article sets out to identify the Constitution’s core meaning for Americans. To do so, it first draws lessons from two contemporary Establishment Clause disputes (one over the teaching of intelligent design and …
Dred Scott And The Political Question Doctrine, Wesley M. Oliver
Dred Scott And The Political Question Doctrine, Wesley M. Oliver
Wesley M Oliver
No abstract provided.
¿Interpretación O Configuración Del Poder?: Acerca Del Precedente Que Establece La Procedencia Del Rac Contra Resoluciones Estimatorias, Óscar Súmar
Oscar Súmar
No abstract provided.