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Constitutional Law

1992

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Articles 361 - 364 of 364

Full-Text Articles in Law

Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet Dec 1991

Where Judicial Politics Are Legislative Politics: The French Constitutional Council, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

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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 Dec 1991

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

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …

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How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Dec 1991

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Floralynn Einesman

No abstract provided.

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Whose Common Good? Racism In The Political Community, Stephen M. Feldman Dec 1991

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, …

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