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Articles 1 - 10 of 10
Full-Text Articles in Law
Dobbs And Democracy, Melissa Murray, Katherine A. Shaw
Dobbs And Democracy, Melissa Murray, Katherine A. Shaw
Articles
In Dobbs v. Jackson Women’s Health Organization, Justice Alito justified the decision to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with an appeal to democracy. He insisted that it was “time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” This invocation of democracy had undeniable rhetorical power: it allowed the Dobbs majority to lay waste to decades’ worth of precedent, while rebutting charges of judicial imperialism and purporting to restore the people’s voices. This Article interrogates Dobbs’s claim to vindicate principles of democracy, examining both the intellectual pedigree …
Majestic Law And The Subjective Stop, Kyron J. Huigens
Majestic Law And The Subjective Stop, Kyron J. Huigens
Articles
Justice John Paul Stevens subscribed to "a majestic conception" of the Constitution. This Article articulates and defends that vision. Majestic law and legal reasoning characteristically involve frank moral reasoning, such as one finds in the Eighth Amendment's "evolving standards of decency" test for proportionate punishment, or in Due Process formulations such as an appeal to "immutable principles of justice, which inhere in the very idea of free government." Majestic law employs moral values, norms, and judgments in legal reasoning, taking them on their own terms. Majestic legal reasoning does not weigh revealed preferences for decency, for example. It asks whether …
Center For Rights And Justice Presents: The Constitutional Right Of Private Citizens To Video Record The Nypd In Public, Center For Rights And Justice (Crj)
Center For Rights And Justice Presents: The Constitutional Right Of Private Citizens To Video Record The Nypd In Public, Center For Rights And Justice (Crj)
Flyers 2016-2017
No abstract provided.
Supreme Court Roundup: What Lies Ahead, Cardozo Federalist Society, Floersheimer Center For Constitutional Democracy
Supreme Court Roundup: What Lies Ahead, Cardozo Federalist Society, Floersheimer Center For Constitutional Democracy
Flyers 2016-2017
No abstract provided.
Protest! Dissent! And Civil Disobedience: A Legal Panel Discussion, Cardozo Environmental Law Society, Cardozo Students For Human Rights, Student Animal Legal Defense Fund (Saldf), Cardozo South Asian Law Society
Protest! Dissent! And Civil Disobedience: A Legal Panel Discussion, Cardozo Environmental Law Society, Cardozo Students For Human Rights, Student Animal Legal Defense Fund (Saldf), Cardozo South Asian Law Society
Flyers 2016-2017
No abstract provided.
Federalist Society General Interest Meeting, Cardozo Federalist Society
Federalist Society General Interest Meeting, Cardozo Federalist Society
Flyers 2016-2017
No abstract provided.
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Articles
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constitutionalism, particular constitutions and constitutional identity. I argued that the construction and adaptation of a constitutional identity was essential to the coherence and viability of any working constitution. Such constitutional identity must at once negate and incorporate reworked elements of national identity and other pertinent pre- and extra- constitutional materials associated with the relevant polity. In the present essay, I reply to arguments advanced by several critics of my book with a view to clarifying and expanding on some of the book’s principal assertions. The …
Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld
Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld
Articles
The current trend towards globalization and privatization has resulted in the proliferation of a plurality of legal regimes that lack the unity and hierarchy guaranteed by a working constitution in the typical nation-state. One important question raised by these developments is whether a suitable constitutional ordering and constitutional legitimation can succeed at the transnational level. In the alternative, it has been suggested that administrative ordering and legitimation may suffice, provided constitutional anchoring remains firm within the confines of the nation-state. With this in mind, this article explores the conceptual underpinnings of the contrast between a constitutional regime and an administrative …
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Articles
No abstract provided.
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Articles
No abstract provided.