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Full-Text Articles in Law

How Much Diversity Can The Us Constitution Stand?, Tanya Washington Dec 2015

How Much Diversity Can The Us Constitution Stand?, Tanya Washington

Tanya Monique Washington

No abstract provided.


Cosmopolitanism And Constitutional Self-Government, Vlad Perju, Matt Grellette, François Tanguay-Renaud Oct 2015

Cosmopolitanism And Constitutional Self-Government, Vlad Perju, Matt Grellette, François Tanguay-Renaud

François Tanguay-Renaud

Vlad Perju, Assistant Professor, Boston College Law School, discusses the jurisprudential foundations that make domestic constitutionalism a welcoming host to cosmopolitan attitudes and sensibilities in law.

Respondent: Matt Grellette, McMaster University.


Emergency Powers And Constitutional Theory, Victor V. Ramraj, François Tanguay-Renaud, Michael Guidice Oct 2015

Emergency Powers And Constitutional Theory, Victor V. Ramraj, François Tanguay-Renaud, Michael Guidice

François Tanguay-Renaud

Drawing on the experiences of aspiring constitutional orders in Southeast Asia (East Timor, Malaysia, Singapore and Thailand) with emergency powers, Victor V. Ramraj, National University of Singapore, seeks to shift the attention of constitutional theorists away from parochial debates, towards an understanding of constitutional theory and emergency powers that extends beyond the familiar domain of liberal democracies.

respondent: François Tanguay-Renaud Osgoode


Identity And Difference, Sujit Choudhry, Avigail Eisenberg, Bruce Ryder Oct 2015

Identity And Difference, Sujit Choudhry, Avigail Eisenberg, Bruce Ryder

Bruce B. Ryder

Sujit Choudhry, New York University School of Law, presents "Rights Adjudication in a Plurinational State: The Canadian Charter and the Case of Religion." Avigail Eisenberg, University of Victoria, Department of Political Science, presents "Rights in the Age of Identity Politics." The discussant is Bruce Ryder, Osgoode Hall Law School.


Interpretation And Accommodation, John Borrows, Colleen Sheppard, Sonia Lawrence Oct 2015

Interpretation And Accommodation, John Borrows, Colleen Sheppard, Sonia Lawrence

Sonia Lawrence

John Borrows, University of Minnesota, Faculty of Law, presents "Aboriginal and Treaty Rights and Violence against Women." Colleen Sheppard, McGill University, Faculty of Law, presents "Inclusion, Voice, and Process-Based Constitutionalism." The discussant is Sonia Lawrence, Osgoode Hall Law School.


Introductory Remarks, Benjamin L. Berger, Jamie Cameron Oct 2015

Introductory Remarks, Benjamin L. Berger, Jamie Cameron

Jamie Cameron

Benjamin Berger and Jamie Cameron worked in partnership with the Osgoode Hall Law Journal to organize this Symposium on Canada’s Charter of Rights and Freedoms. The papers were published in 2013 as a special issue of the Law Journal. The Symposium marked the 30th anniversary of the Charter of Rights and Freedoms, and Berger and Cameron constructed a program that invited critical, theoretical, and comparative reflection on the Charter by Canadian and non-Canadian scholars. Speakers included: Gavin Anderson (University of Glasgow); John Borrows (University of Minnesota); Sujit Choudhry (New York University); Rosalind Dixon (University of New South Wales); Avigail Eisenberg …


"Simply A Constitutional Legal Question?": Law, Religion And The Modern State, Benjamin L. Berger Sep 2015

"Simply A Constitutional Legal Question?": Law, Religion And The Modern State, Benjamin L. Berger

Benjamin L. Berger

Benjamin L. Berger, Associate Professor at Osgoode Hall Law School, on key questions about law, religion, and social change.


Introductory Remarks, Benjamin L. Berger, Jamie Cameron Sep 2015

Introductory Remarks, Benjamin L. Berger, Jamie Cameron

Benjamin L. Berger

Benjamin Berger and Jamie Cameron worked in partnership with the Osgoode Hall Law Journal to organize this Symposium on Canada’s Charter of Rights and Freedoms. The papers were published in 2013 as a special issue of the Law Journal. The Symposium marked the 30th anniversary of the Charter of Rights and Freedoms, and Berger and Cameron constructed a program that invited critical, theoretical, and comparative reflection on the Charter by Canadian and non-Canadian scholars. Speakers included: Gavin Anderson (University of Glasgow); John Borrows (University of Minnesota); Sujit Choudhry (New York University); Rosalind Dixon (University of New South Wales); Avigail Eisenberg …


New Modes In Old Orders: Crisis Government And The Written Constitution, Nomi Claire Lazar, Benjamin Berger Sep 2015

New Modes In Old Orders: Crisis Government And The Written Constitution, Nomi Claire Lazar, Benjamin Berger

Benjamin L. Berger

Nomi Claire Lazar, Associate Professor, Facult of Social Sciences, University of Ottawa, explores the reasons for the evident contrast found in the American approach to prerogative power and the centrality of ‘writtenness’ in our understanding of constitutional government. Respondent: Benjamin Berger, Osgoode Hall Law School.


Faith Doesn't Justify Discrimination Against Women, Eric Segall Aug 2015

Faith Doesn't Justify Discrimination Against Women, Eric Segall

Eric J. Segall

No abstract provided.


How An Inaccurate Soundbite Might Take Down Obamacare, Eric J. Segall May 2015

How An Inaccurate Soundbite Might Take Down Obamacare, Eric J. Segall

Eric J. Segall

No abstract provided.


What Are The Limits Of Presidential Power?, John C. Yoo, Neil J. Kinkopf May 2015

What Are The Limits Of Presidential Power?, John C. Yoo, Neil J. Kinkopf

John C Yoo

No abstract provided.


Death Penalty Jurisprudence By Tallying State Legislative Enactments: Harmonizing The Eighth And Tenth Amendments, Akram Faizer, Charles E. Maclean Dec 2014

Death Penalty Jurisprudence By Tallying State Legislative Enactments: Harmonizing The Eighth And Tenth Amendments, Akram Faizer, Charles E. Maclean

Akram Faizer

Whenever most legislatures in death penalty states have rejected a particular application of capital punishment, the Supreme Court has held that no state may retain that application, reasoning that any death penalty approach rejected by the majority of states is, perforce, unconstitutionally “cruel and unusual” under the Eighth Amendment. Although some laud these decisions, they ignore the States’ Tenth Amendment rights to govern themselves within broad constitutional parameters. Rather than defer to opinion polls or tallying state legislative enactments, the Court should engage in true constitutional analysis, forbidding cruel and unusual punishments, but simultaneously honoring states’ rights to govern themselves.