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Articles 1 - 9 of 9
Full-Text Articles in Law
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Charles E. Lindblom, Richard Adelstein
Charles E. Lindblom, Richard Adelstein
Richard Adelstein
An intellectual biography and review of the work of Charles E. Lindblom.
Quiet Justice: Adding People With Hearing Loss To The Jury Of Our Peers, Randy Lee
Quiet Justice: Adding People With Hearing Loss To The Jury Of Our Peers, Randy Lee
Randy Lee
No abstract provided.
Republican Revival/Interpretive Turn, Stephen M. Feldman
Republican Revival/Interpretive Turn, Stephen M. Feldman
Stephen M. Feldman
The civic republican revival and the interpretive turn are two leading movements in constitutional jurisprudence. Civic republicanism emphasizes that citizens belong to a political community where they participate in a dialogue about the common good. Interpretivism, meanwhile, holds that all of our practices, including constitutional adjudication, are interpretive; we are always situated within interpretative communities and traditions that simultaneously constrain and enable understanding. Civic republicanism and interpretivism, however, both face serious challenges. Critics of the republican revival charge that it invites oppression and silencing of divergent voices because it emphasizes the community and the common good. Opponents of the interpretive …
Continuity And Change Redux: Market And State In American History, Richard Adelstein
Continuity And Change Redux: Market And State In American History, Richard Adelstein
Richard Adelstein
A review of Jonathan Hughes, The Government Habit Redux (1991).
Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet
Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins
Ira P. Robbins
How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman
How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman
Floralynn Einesman
No abstract provided.
Whose Common Good? Racism In The Political Community, Stephen M. Feldman
Whose Common Good? Racism In The Political Community, Stephen M. Feldman
Stephen M. Feldman
Political pluralists and civic republicans have launched constitutional and political theory into a controversy of paradigmatic proportions. Pluralists insist that politics is no more than a struggle between autonomous and rational individuals or groups who strive to satisfy their preexisting private interests. Civic republicans argue instead that the government should pursue the common good, not preexisting private interests. Something vital is missing from this debate: a recognition of and confrontation with American racism. In the context of American society, no constitutional or political theory can succeed without a comprehensive awareness and understanding of racism. The Constitution must be understood, interpreted, …