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Full-Text Articles in Law
Policy Distortion And Democratic Debilitation: Comparative Illumination Of The Countermajoritarian Difficulty, Mark Tushnet
Policy Distortion And Democratic Debilitation: Comparative Illumination Of The Countermajoritarian Difficulty, Mark Tushnet
Michigan Law Review
James Bradley Thayer set the terms of the past century's discussion of judicial review in The Origin and Scope of the American Doctrine of Constitutional Law. Thayer was concerned with what Alexander Bickel labeled the "countermajoritarian difficulty" with judicial review, that judicial review displaces decisions made by near-contemporaneous political majorities and therefore is open to the charge that it is undemocratic. Thayer attempted to minimize the displacement- of political majorities through his "clear error" rule, according to which courts should not overturn legislation unless "those who have the right to make laws have not merely made a mistake, but have …
The First Stone Of The Death Penalty, Bruce Ledewitz
The First Stone Of The Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Indiana Law Journal
No abstract provided.
Cruelly Unusual, Bruce Ledewitz
Cruelly Unusual, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz
Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz
Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
A Fond Farewell, Bruce Ledewitz
A Fond Farewell, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Towards Democracy In A New South Africa, Adrien Katherine Wing
Towards Democracy In A New South Africa, Adrien Katherine Wing
Michigan Journal of International Law
Review of Constitutional Options for a Democratic South Africa: A Comparative Perspective by Ziyad Motala