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Articles 1 - 3 of 3
Full-Text Articles in Law
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
University of Michigan Journal of Law Reform
The ongoing debates over the legitimacy of judicial review-the power of courts to strike down unconstitutional statutes-as well as the evolving school of thought called "popular constitutionalism, " are characterized by a preoccupation with the Supreme Court as the embodiment of judicial power This is a striking shortcoming in prevailing constitutional theory, given the fact that in the United States, inferior courts engage in constitutional adjudication and in acts of judicial review on a daily basis, in ways that are importantly different from the familiar practices of the Supreme Court. The Article breaks down this monolithic concept of "the courts" …
A Foothold For Real Democracy In Eastern Europe, Elizabeth R. Sheyn
A Foothold For Real Democracy In Eastern Europe, Elizabeth R. Sheyn
Vanderbilt Journal of Transnational Law
Ukraine has never had a criminal or civil jury trial despite the fact that the right to a criminal jury trial is guaranteed by Ukraine's Constitution. The lack of jury trials is one of the factors likely contributing to the corruption and deficiencies inherent in Ukraine's judicial system. This Article argues that Ukraine can and should make room for juries in its judicial system and proposes a framework for both criminal and civil jury trials. Although the use of juries will not remedy all of the problems plaguing Ukraine, it could bring the country closer to achieving a truly democratic …
Narrative, Normativity, And Causation, Lawrence B. Solum
Narrative, Normativity, And Causation, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay examines the relationship between constitutional narratives, causation, and normativity in the context of Barry Friedman’s book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution. In his book, Friedman provides a grand narrative of American constitutional history that emphasizes the role of public opinion in the development of American constitutional law. That narrative involves both implicit and explicit claims about the causal forces that shape constitutional doctrine and about normative constitutional theory. The aim of this essay is to identify those claims, excavate their theoretical assumptions, …