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Full-Text Articles in Law
Process Of Constitutional Decision Making, Kenneth F. Ripple
Process Of Constitutional Decision Making, Kenneth F. Ripple
Journal Articles
Over the past decade, our profession has engaged in an intense debate over the proper role of judges in the interpretation of our Constitution. This is not, of course, a new controversy. It has been with us ever since Chief Justice Marshall's decision in Marbury v. Madison.' However, during this last decade, the debate has taken on new dimensions. There is a new range and depth to the inquiry. What began as a discussion largely among members of the academic bar and some members of the judiciary has become a national political issue. Yet the basic question remains: In a …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Right-To-Die, Bruce Morton