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Open Access. Powered by Scholars. Published by Universities.®

2014

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Notre Dame Law School

Constitutional theory

Articles 1 - 2 of 2

Full-Text Articles in Law

New Bully On The Class Action Block -- Analysis Of Restrictions On Securities Class Actions Imposed By The Private Securities Litigation Reform Act Of 1995, Eugene Zelensky Feb 2014

New Bully On The Class Action Block -- Analysis Of Restrictions On Securities Class Actions Imposed By The Private Securities Litigation Reform Act Of 1995, Eugene Zelensky

Notre Dame Law Review

No abstract provided.


Institutional Autonomy And Constitutional Structure, Randy J. Kozel Jan 2014

Institutional Autonomy And Constitutional Structure, Randy J. Kozel

Journal Articles

This Review makes two claims. The first is that Paul Horwitz’s excellent book, "First Amendment Institutions," depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book's implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book's argument — and, …