Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Authors (1)
- Civil rights (1)
- Constitution. 1st Amendment (1)
- Constitution. 1st-10th Amendments (1)
- Copyright (1)
-
- Copyright industries (1)
- Dissenters (1)
- Equal rights (1)
- Equality (1)
- Feminism (1)
- Freedom of speech (1)
- George Washington Law Review (1)
- Germany (1)
- Government and politics (1)
- International women’s rights (1)
- Judges (1)
- Judicial review (1)
- Judiciary branch (1)
- Jurisprudence (1)
- Law (1)
- Law--China (1)
- Law--Interpretation and construction (1)
- Learned Hand (1)
- Legal history (1)
- Marbury (1)
- Philosophy and ethics (1)
- Publishers (1)
- Rule of law (1)
- Saint Louis University Law Journal (1)
- Women (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy
Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy
Faculty Scholarship
This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …
A Brief History Of Author-Publisher Relations And The Outlook For The 21st Century, Maureen A. O'Rourke
A Brief History Of Author-Publisher Relations And The Outlook For The 21st Century, Maureen A. O'Rourke
Faculty Scholarship
The Fiftieth Anniversary Edition of the Journal of the Copyright Society of the U.S.A. provides a particularly appropriate forum in which to discuss the current state of the copyright system. By some accounts, U.S. copyright law has been fabulously successful, encouraging the growth of industries whose copyrighted products both enrich American culture and contribute significant value to the economy.
The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
The Making Of The Second Rehnquist Court: A Preliminary Analysis, Thomas W. Merrill
Faculty Scholarship
The Supreme Court is implicitly assumed to have a certain unity of character under each Chief Justice. Hence, we refer to the "Marshall Court," the "Warren Court," and the "Rehnquist Court." A closer look at history reveals that this assumption of a natural Court defined by the tenure of each Chief Justice is often misleading. The Marshall Court had a different character late in its life than it did in its early years. Similarly, the Warren Court became distinctively more liberal and activist after 1962 when Felix Frankfurter retired and was replaced by Arthur Goldberg.
Although the Rehnquist Court is …
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Law And Judicial Duty, Philip A. Hamburger
Law And Judicial Duty, Philip A. Hamburger
Faculty Scholarship
Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."
He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …