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Selected Works

2017

Constitution

Articles 1 - 5 of 5

Full-Text Articles in Law

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo Dec 2017

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Laurent Mayali

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist groups before …

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Robocop Is Almost Here, Stewart L. Harris Jul 2017

Robocop Is Almost Here, Stewart L. Harris

Stewart L. Harris

No abstract provided.

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Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Jun 2017

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

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Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz Dec 2016

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Bruce Ledewitz

Everyone can see that the Supreme Court nomination process has become destructively politicized.  What has brought us to this state is the loss by the American legal profession of a commitment to truth and the acceptance of the view that no binding moral judgments can be made. This turn in law reflects the thinking of the wider culture. Only the recovery of some form of realism will rescue the nomination process from our current morass.

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Political Functions And Limitations Of Contemporary State Constitutions In The United States, Jonathan L. Marshfield Dec 2016

Political Functions And Limitations Of Contemporary State Constitutions In The United States, Jonathan L. Marshfield

Jonathan Marshfield

State constitutions in the United States serve various important political functions that may be relevant and helpful to constitutional designers in other political systems. This paper explores two striking features of contemporary state constitutionalism with an eye towards their value for those considering a written Quebec constitution. First, state constitutionalism is characterized by frequent formal amendment through popular political processes. This has resulted in a form of constitutionalism that often prioritizes swift democratic responsiveness over entrenched prior commitments. Because recent empirical scholarship suggests that this is a broader phenomenon often occurring in federal countries with written subnational constitutions, Quebec reformers …

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