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Full-Text Articles in Law

Constitutional Cases And The Four Cardinal Virtues, R. George Wright Jan 2012

Constitutional Cases And The Four Cardinal Virtues, R. George Wright

Cleveland State Law Review

In addressing constitutional cases, judges face no shortage of legal rules, tests, principles, doctrines, and policies upon which to draw. In those cases, the challenge is assumed to be to identify and apply the most relevant such legal rules, tests, principles, doctrines, and policies. An accompanying judicial opinion tries to articulate this process, partly to legitimize the outcome, partly to provide guidance, and perhaps partly for purposes of civic education and inspiration. This Article recommends a somewhat different approach to constitutional adjudication. Specifically, this Article recommends supplementing the above standard forms of constitutional adjudication with appropriate and legitimate attention to …


The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.


State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman Jan 1996

State Constitutional Jurisprudence: Decision Making At The New York Court Of Appeals, Michael Hutter, Vincent Bonventre, Luke Bierman

Touro Law Review

No abstract provided.


A Comment On Dean Sovern's Paper, Patrick L. Baude Oct 1973

A Comment On Dean Sovern's Paper, Patrick L. Baude

IUSTITIA

As I understand Mr. Sovern's proposition, we ought to expect a protest group to be at its most effective in court, since in the United States, adjudication is a widely and deeply respected method of resolving conflict and of presenting claims, of taking part in the shared traditions of decency and civility and law. If you want to avoid being criticized for impermissible methods, writing a brief is one of the easiest ways to avoid it. It doesn't involve rock-throwing, shouting, or even picketing. Yet, at this very place where one would expect a protest group to be most effective, …


Justice Jackson And The Judicial Function, Paul A. Weidner Feb 1955

Justice Jackson And The Judicial Function, Paul A. Weidner

Michigan Law Review

Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …