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Full-Text Articles in Law

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John Stinson Jan 2008

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John Stinson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Sovereignty As Discourse, Robert Tsai Dec 2007

Sovereignty As Discourse, Robert Tsai

Robert L Tsai

This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.