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Full-Text Articles in Law

Conservatives And The Court, Robert F. Nagel Jan 2017

Conservatives And The Court, Robert F. Nagel

Publications

No abstract provided.


Re-Ordering The First Amendment, Melissa Hart Jan 2016

Re-Ordering The First Amendment, Melissa Hart

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No abstract provided.


How Presidents Interpret The Constitution, Harold H. Bruff Jan 2016

How Presidents Interpret The Constitution, Harold H. Bruff

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No abstract provided.


On Creativity In Constitutional Interpretation, Pierre Schlag Jan 2014

On Creativity In Constitutional Interpretation, Pierre Schlag

Publications

In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …


The Constitutional Interpretation/Construction Distinction: A Useful Fiction, Laura A. Cisneros Jan 2010

The Constitutional Interpretation/Construction Distinction: A Useful Fiction, Laura A. Cisneros

Publications

Part I briefly describes the interpretation/construction distinction as an artificial construct - a fiction." The many commentaries on the subject encompass such a wide range of positions that the distinction, to the extent it truly exists at all, does so in the eye of each individual beholder. In Part II, I argue that the distinction, even if understood as a fiction, is nevertheless relevant because it can be used to bridge the expanse between originalist and nonoriginalist (or, if one prefers, between "strong" and "weak" originalist) theories of American constitutional interpretation. Put another way, the fiction is useful. In Part …


A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.


Progress And Constitutionalism, Robert F. Nagel Jan 1996

Progress And Constitutionalism, Robert F. Nagel

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No abstract provided.


Hiding The Ball, Pierre Schlag Jan 1996

Hiding The Ball, Pierre Schlag

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No abstract provided.


Forty Years In The Desert, Paul F. Campos Jan 1995

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.


A Heterodox Catechism, Paul Campos Jan 1994

A Heterodox Catechism, Paul Campos

Publications

No abstract provided.


Terminator 2, Robert F. Nagel Jan 1994

Terminator 2, Robert F. Nagel

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No abstract provided.


Three Mistakes About Interpretation, Paul Campos Jan 1993

Three Mistakes About Interpretation, Paul Campos

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No abstract provided.


Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

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No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

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No abstract provided.


Disagreement And Interpretation, Robert F. Nagel Jan 1993

Disagreement And Interpretation, Robert F. Nagel

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No abstract provided.


Against Constitutional Theory, Paul Campos Jan 1992

Against Constitutional Theory, Paul Campos

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No abstract provided.


Missing Pieces: A Cognitive Approach To Law, Pierre Schlag Jan 1989

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

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No abstract provided.


The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel Jan 1988

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

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No abstract provided.


Rationalism In Constitutional Law, Robert F. Nagel Jan 1987

Rationalism In Constitutional Law, Robert F. Nagel

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No abstract provided.


Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag Jan 1987

Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag

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No abstract provided.


A Comment On Democratic Constitutionalism, Robert F. Nagel Jan 1987

A Comment On Democratic Constitutionalism, Robert F. Nagel

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No abstract provided.


Book Review, Pierre Schlag Jan 1985

Book Review, Pierre Schlag

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No abstract provided.


Rules And Standards, Pierre Schlag Jan 1985

Rules And Standards, Pierre Schlag

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No abstract provided.


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.