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Full-Text Articles in Law

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter Jun 2021

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter

Law Faculty Research Publications

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …


Does Justice Have A Syntax?, Steven L. Winter Jun 2021

Does Justice Have A Syntax?, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Confrontation In The Age Of Plea Bargaining [Comments], William Ortman Jan 2021

Confrontation In The Age Of Plea Bargaining [Comments], William Ortman

Law Faculty Research Publications

No abstract provided.


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Reconsidering Thornton V. Caldor, Christopher C. Lund Jan 2020

Reconsidering Thornton V. Caldor, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell Jan 2019

Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


State Court Protection Of Individual Constitutional Rights: State Constitutional Structures Affect Access To Civil Justice, Justin R. Long Jan 2018

State Court Protection Of Individual Constitutional Rights: State Constitutional Structures Affect Access To Civil Justice, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Guns, Gays, And Ganja, Justin R. Long Jan 2016

Guns, Gays, And Ganja, Justin R. Long

Law Faculty Research Publications

No abstract provided.


The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo Jan 2015

The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Using Historic Preservation Laws To Halt The Destruction Of Porch Culture In The Lower Ninth Ward Of New Orleans, Jamila Jefferson-Jones Jan 2015

Using Historic Preservation Laws To Halt The Destruction Of Porch Culture In The Lower Ninth Ward Of New Orleans, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.


State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long Jan 2014

State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Understanding The Establishment Clause: A Revisit, Robert A. Sedler Jan 2013

Understanding The Establishment Clause: A Revisit, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Separation Of Church And State, Neutrality And Religious Freedom In American Constitutional Law, Robert A. Sedler Jan 2013

Separation Of Church And State, Neutrality And Religious Freedom In American Constitutional Law, Robert A. Sedler

Law Faculty Research Publications

Religious freedom is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious freedom by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause protects against the “establishment” of an official church by the government and against governmental action “establishing religion,” while the Free Exercise clause is a textual guarantee of peoples’ right to practice their religion and to hold and act on religious beliefs, free from governmental interference. The Establishment Clause would appear to an outside observer as strongly endorsing the concept of separation of church and state, and the …


State Constitutions As Interactive Expressions Of Fundamental Values, Justin R. Long Sep 2011

State Constitutions As Interactive Expressions Of Fundamental Values, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Feb 2011

Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn …


The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler Jan 2010

The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler

Law Faculty Research Publications

Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of freedom …


Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long Dec 2009

Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.


The Constitution And The American Federal System, Robert A. Sedler Jan 2009

The Constitution And The American Federal System, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund Jan 2009

Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Are State Constitutions Un-American?, Justin R. Long Jan 2009

Are State Constitutions Un-American?, Justin R. Long

Law Faculty Research Publications

No abstract provided.


A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler Jan 2008

A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Our Eighteenth Century Constitution, The Electoral College, And Congressional Reapportionment: A Response To Professor Daniel Tokaji, Robert Allen Sedler Jan 2008

Our Eighteenth Century Constitution, The Electoral College, And Congressional Reapportionment: A Response To Professor Daniel Tokaji, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman Jan 2008

Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.


The Protection Of Religious Freedom Under The American Constitution, Robert A. Sedler Jan 2007

The Protection Of Religious Freedom Under The American Constitution, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Constitution, The Courts And The Common Law, Robert A. Sedler Jan 2007

The Constitution, The Courts And The Common Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


States Sue Federal Government Over Medicare Clawback Payments, Susan E. Cancelosi Jan 2006

States Sue Federal Government Over Medicare Clawback Payments, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.


An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler Jan 2006

An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Intermittent State Constitutionalism, Justin R. Long Jan 2006

Intermittent State Constitutionalism, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler Jan 2006

Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson Oct 2005

Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.