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Full-Text Articles in Law
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Law Faculty Research Publications
Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and …
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Constitutional Protection Of Commercial Speech, Jonathan Weinberg
Constitutional Protection Of Commercial Speech, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.