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Full-Text Articles in Law
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg
"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The Article is presented in three Parts. Part I documents the enormous effect that Locke's political philosophy had on the Constitution's Framers and traces the idea of collective rights through Locke's Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court's current doctrine in a society founded …
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.