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Articles 1 - 6 of 6
Full-Text Articles in Law
The Believer And The Powers That Are, Elizabeth Ferguson
The Believer And The Powers That Are, Elizabeth Ferguson
Michigan Law Review
A Review of The Believer and the Powers That Are by John T. Noonan, Jr.
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
Publications
No abstract provided.
Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin Frsc
Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance. On the one hand, he admits that "interpretivism" is explanatorily inadequate, yet on the other he refuses to accept "non-interpretivism" for he realizes that it has the potential to unmask the politics of law. I argue that Hogg's third way - that Charter interpretation should be progressive and purposive - is incapable of bearing the legitimizing weight which he requires in that it necessitates …
A Preface To Constitutional Theory, David B. Lyons
A Preface To Constitutional Theory, David B. Lyons
Faculty Scholarship
We have a plethora of theories about judicial review, including theories about theories, but their foundations require stricter scrutiny. This Essay presents some aspects of the problem through an examination of two important and familiar ideas about judicial review.
The controversy over "noninterpretive" review concerns the propriety of courts' deciding constitutional cases by using extraconstitutional norms. But the theoretical framework has not been well developed and appears to raise the wrong questions about judicial review. Thayer's doctrine of extreme judicial deference to the legislature has received much attention, but his reasoning has been given less careful notice. Thayer's rule rests …
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.