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Full-Text Articles in Law
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
Calvert Undergraduate Research Awards
Advanced Research Winner 2019:
While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20th century when this concept transitioned from an economic and property rights based approach to one …
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
University of Arkansas at Little Rock Law Review
No abstract provided.
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein
Touro Law Review
No abstract provided.
Imagining Justice, Robin West
Imagining Justice, Robin West
Georgetown Law Faculty Publications and Other Works
As we approach the new century and the new millennium, those of us who are legal professionals in liberal capitalist democracies need to drastically improve our practices of law if we are to bring those practices in line with our professed ideals. The commodification and marketing of legal services, for example, combined with a nearly blind commitment to overly combative advocacy, puts legal assistance beyond the means of large segments of the public, severely undercutting our commitment to equality before the law. A different and perhaps harder question, however, is whether the ideals against which we judge our practices are …
Reasoning With The Charter, Gerald Tg Seniuk
Reasoning With The Charter, Gerald Tg Seniuk
Dalhousie Law Journal
Reasoning with the Charter by Leon Trakman is a timely and useful book. It is "timely" because in this the tenth anniversary of the Charter it is appropriate to review its impact, which Prof. Trakman finds wanting and unduly circumscribing. It is also useful, although "useful" is not a term usually associated with a theoreticalbook such as this. Certainly this is not a "how-to" book about Charter application. It does, however, outline a different approach to Charter interpretation and it may be that the neglect by our judges of this approach is a mistake. Perhaps not; but there are at …
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.
Mr. Justice Murphy, Ira W. Jayne
Mr. Justice Murphy, Ira W. Jayne
Michigan Law Review
When Justice Frank Murphy took his seat on the bench of the Supreme Court of the United States, I was asked to make a public statement about the appointment.