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Articles 1 - 23 of 23
Full-Text Articles in Law
Conservatives And The Court, Robert F. Nagel
Re-Ordering The First Amendment, Melissa Hart
How Presidents Interpret The Constitution, Harold H. Bruff
How Presidents Interpret The Constitution, Harold H. Bruff
Publications
No abstract provided.
On Creativity In Constitutional Interpretation, Pierre Schlag
On Creativity In Constitutional Interpretation, Pierre Schlag
Publications
In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …
Progress And Constitutionalism, Robert F. Nagel
A Text Is Just A Text, Paul F. Campos
Hiding The Ball, Pierre Schlag
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
Terminator 2, Robert F. Nagel
A Heterodox Catechism, Paul Campos
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Three Mistakes About Interpretation, Paul Campos
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Against Constitutional Theory, Paul Campos
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Missing Pieces: A Cognitive Approach To Law, Pierre Schlag
Publications
No abstract provided.
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
Publications
No abstract provided.
Rationalism In Constitutional Law, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
Publications
No abstract provided.
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag
Publications
No abstract provided.
Book Review, Pierre Schlag
Rules And Standards, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.