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Full-Text Articles in Law
Mcdonald V. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws?, Lawrence Rosenthal
Mcdonald V. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws?, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Originalism Is Useless, Lawrence Rosenthal
Originalism Is Useless, Lawrence Rosenthal
Lawrence Rosenthal
Originalism is in ascendance. Both in judicial opinions and in the legal academy, originalist methods of constitutional interpretation are increasingly prominent. This essay nevertheless makes what may seem a claim – originalism is useless. In this, the essay takes a different path the the critics of orignalism have offered to date. Attacks on originalism usually question its normative desirability, but do not doubt that originalism offers a distinct approach to constitutional adjudication as compared to nonoriginalism. The concern here is with the question whether originalism is actually of help in addressing the kind of constitutional questions that come before the …
Originalism Is Useless, Lawrence Rosenthal
Originalism Is Useless, Lawrence Rosenthal
Lawrence Rosenthal
Originalism is in ascendance. Both in judicial opinions and in the legal academy, originalist methods of constitutional interpretation are increasingly prominent. This essay nevertheless makes what may seem a claim – originalism is useless. In this, the essay takes a different path the the critics of orignalism have offered to date. Attacks on originalism usually question its normative desirability, but do not doubt that originalism offers a distinct approach to constitutional adjudication as compared to nonoriginalism. The concern here is with the question whether originalism is actually of help in addressing the kind of constitutional questions that come before the …
Writing Public Order Laws That Pass Constitutional Muster, Lawrence Rosenthal
Writing Public Order Laws That Pass Constitutional Muster, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Public Order Laws After City Of Chicago V. Morales, Lawrence Rosenthal
Public Order Laws After City Of Chicago V. Morales, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Romer V. Evans As The Transformation Of Local Government Law, Lawrence Rosenthal
Romer V. Evans As The Transformation Of Local Government Law, Lawrence Rosenthal
Lawrence Rosenthal
Colorado's Amendment 2 prohibited the state and local governments in Colorado from enforcing "any statute, regulation, ordinance or policy whereby homosexual, lesbian or bisexual orientation, conduct, practices or relationships shall constitute or otherwise be the basis of or entitle any person or class of persons to have or claim any minority status, quota preferences, protected status or claim of rimi"2 Three Colorado municipalities that had enacted ordinances protecting gays and lesbians, and individuals who had lost the protections offered by those ordinances, brought suit in state court seeking to invalidate the amendment.