Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 10 of 10
Full-Text Articles in Law
American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington
American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington
Mark Graber
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers Structures of Government and Volume II covers Rights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin
Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin
Daniel A. Austin
The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.
The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
Erin Daly
The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.
Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution, Iain Field
Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution, Iain Field
Iain Field
What is judicial mediation, and is it something that Australian judges can or should be doing? A number of commentators have addressed these questions, and a variety of conflicting views have been expressed. This article re-examines judicial mediation from a constitutional perspective. It demonstrates that judicial mediation will ordinarily satisfy the procedural requirements implied by Ch III, and that judges may therefore mediate as a function incidental to the exercise of judicial power. Even to the extent that judicial mediation might not, in practice, satisfy these requirements, it is argued that a constitutional challenge to legislation or rules of court …
A Step Back For Rights: Supreme Court Failed To Take Bold Action On Civil Liberties In Gps Monitoring Decision, Renée Mcdonald Hutchins
A Step Back For Rights: Supreme Court Failed To Take Bold Action On Civil Liberties In Gps Monitoring Decision, Renée Mcdonald Hutchins
Renée M. Hutchins
Why does it matter that the court reached back to early trespass notions to justify its decision? Because nearly a half-century ago, the court walked away from physical trespass as the touchstone of Fourth Amendment protection.
Strategies And Techniques For Teaching Constitutional Law, Robert Power
Strategies And Techniques For Teaching Constitutional Law, Robert Power
Robert C Power
No abstract provided.
Upside-Down Judicial Review, Corinna Lain
Upside-Down Judicial Review, Corinna Lain
Corinna Lain
The countermajoritarian difficulty assumes that the democratically elected branches are majoritarian and the unelected Supreme Court is not. But sometimes just the opposite is true. Sometimes it is the democratically elected branches that are out of sync with majority will, and the Supreme Court that bridges the gap—turning the conventional understanding of the Court’s function on its head. Instead of a countermajoritarian Court checking the majoritarian branches, we see a majoritarian Court checking the not-so-majoritarian branches, enforcing prevailing norms when the representative branches do not. The result is a distinctly majoritarian, upside-down understanding of judicial review. This Article illustrates, explains, …
Why (And To What Extent) Political Liberalism Should Accommodate Perfectionist Religious Groups (Forthcoming), Mark Rosen
Mark D. Rosen
No abstract provided.
Limited Government And The Bill Of Rights, Patrick Garry
Limited Government And The Bill Of Rights, Patrick Garry
Patrick M. Garry
No abstract provided.
Western Union, The American Federation Of Labor, Google, And The Changing Face Of Privacy Advocates, Wesley Oliver
Western Union, The American Federation Of Labor, Google, And The Changing Face Of Privacy Advocates, Wesley Oliver
Wesley M Oliver
No abstract provided.