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Full-Text Articles in Law
Speech And Strife, Robert L. Tsai
Speech And Strife, Robert L. Tsai
Law and Contemporary Problems
Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Law and Contemporary Problems
Johnsen examines the roles of nonjudicial entities--especially the Congress and the president--in the development of constitutional meaning. Although the other two branches are fearful of challenging judiciary supremacy, functional departmentalism may offer a certain degree of autonomy from the Court.
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
Law and Contemporary Problems
Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.
Foreword, Christopher H. Schroeder
Foreword, Christopher H. Schroeder
Law and Contemporary Problems
In the summer of 2001, a group of lawyers, law professors, students, and judges formed the American Constitution Society. The organization’s avowed purpose is "to counter the dominant vision of American law today, a narrow conservative vision that lacks appropriate regard for the ways in which the law affects people’s lives: and to "restore the fundamental principles of respect for human dignity, protection of individual rights and liberties, genuine equality, and access to justice to their rightful- and traditionally central-place in American law."1 By spring 2002, the American Constitution Society had formed more than fifty campus chapters, plus lawyer chapters …
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Law and Contemporary Problems
Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.
The Cycles Of Constitutional Theory, Barry Friedman
The Cycles Of Constitutional Theory, Barry Friedman
Law and Contemporary Problems
Friedman presents information on the cyclical nature of constitutional theory. Because constitutional theory is a reaction to the current developments of constitutional law, it is interesting to view constitutional issues through the framework of different historical circumstances.