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Full-Text Articles in Law
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
Articles
In just a few years, seven decades will have passed since the U.S. Supreme Court’s decision in Korematsu v. U.S., one of the most reviled of all of the Court’s cases. Despised or not, however, similarities between the World War II era and our own have people looking at Korematsu in a new light. When the Court decided Korematsu in 1944, we were at war with the Japanese empire, and with this came considerable suspicion of anyone who shared the ethnicity of our foreign enemies. Since 2001, we have faced another external threat – from the al Queda terrorists – …
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
Articles
Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Salazar v. Buono, however, the Supreme Court was confronted with an unusual case for two reasons. First, the doctrine of res judicata formally barred the …
Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld
Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld
Articles
The current trend towards globalization and privatization has resulted in the proliferation of a plurality of legal regimes that lack the unity and hierarchy guaranteed by a working constitution in the typical nation-state. One important question raised by these developments is whether a suitable constitutional ordering and constitutional legitimation can succeed at the transnational level. In the alternative, it has been suggested that administrative ordering and legitimation may suffice, provided constitutional anchoring remains firm within the confines of the nation-state. With this in mind, this article explores the conceptual underpinnings of the contrast between a constitutional regime and an administrative …