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Full-Text Articles in Law
An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck
An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck
Electronic Thesis and Dissertation Repository
Constitutionalism is an Anishinaabe legal tradition. This thesis explores modern Anishinaabe constitutions in Ontario, as they connect to traditional constitutionalism while meeting the unique governing needs of contemporary Anishinaabe First Nations communities. I address the scholarly and legal context in which these constitutional documents have been produced and shed an empirical light on these understudied legal instruments. Two questions shape this thesis: 1) what are the defining characteristics of Anishinaabe constitutions in Ontario; and, 2) what is their function within Anishinaabe communities? To answer these questions, I review both ratified and draft Anishinaabe constitutional documents of member communities of the …
The Rule That Proves The Exception: A Constitutional State Of Emergency In The United States, Benjamin Salvatore Difabbio
The Rule That Proves The Exception: A Constitutional State Of Emergency In The United States, Benjamin Salvatore Difabbio
Senior Projects Spring 2013
A study of states of exception in constitutional law, this project proposes an amendment to the Constitution of the United States, providing for limited derogations of constitutional rights under declarations of emergency. The project begins with an analysis of US Supreme Court case law dealing with limitations of constitutional rights (e.g. suspension of the writ of habeas corpus and the freedoms of speech and press) during periods of crisis, such as war or the threat of war. This discussion demonstrates the perils of precedent in normalizing the exception in the absence of a constitutional state of emergency. The second chapter …