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Articles 1 - 12 of 12
Full-Text Articles in Law
Fidelity To Natural Law And Natural Rights In Constitutional Interpretation, James E. Fleming
Fidelity To Natural Law And Natural Rights In Constitutional Interpretation, James E. Fleming
Faculty Scholarship
It is an honor and a pleasure to comment on Professor Robert P. George's elegant and provocative paper.' For one thing, he is a leading proponent of reviving the natural law tradition in political, legal, and constitutional theory.2 For another, he was a reader of my Ph.D. dissertation in constitutional theory at Princeton University over a decade ago. I am happy to have the chance to reciprocate by reading a work of his and providing a critique of it. Fortunately, I learned at Princeton that vigorous criticism and disagreement are fully compatible with friendship and respect.
The Natural Rights-Based Justification For Judicial Review, James E. Fleming
The Natural Rights-Based Justification For Judicial Review, James E. Fleming
Faculty Scholarship
On this panel, we are to consider questions such as "What form should constitutional interpretation by courts take in light of our aspirations to a good society?" For example, should courts engage in "moral readings" of the Constitution by elaborating abstract moral principles of liberty and equality or by making moral arguments about fostering human goods or virtues? In his paper, Justifying the Natural Law Theory of Constitutional Interpretation, Professor Michael Moore defends a sophisticated and powerful version of a moral realist or natural law answer to these questions.2 He confesses that, despite numerous criticisms, his views on the desirability …
The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash
The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash
Law Faculty Publications
The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the articulation of incorporation theory, the abandonment of judicial construction of state common law, and the ascension of textual originalism as the Court's method of constitutional interpretation. I argue that the New Deal Court transcended the political goals of the Roosevelt administration and attempted to restructure the nature of legitimate judicial review in a post-Lochner world. Acting, in effect, as a constitutional convention, the Court not only changed the nature of judicial review, it altered the shape of the Constitution in ways that cut across modern political …
Justifying The Natural Law Theory Of Constitutional Interpretation, Michael S. Moore
Justifying The Natural Law Theory Of Constitutional Interpretation, Michael S. Moore
Fordham Law Review
No abstract provided.
Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Robert P. George
Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Robert P. George
Fordham Law Review
No abstract provided.
Fidelity To Natural Law And Natural Rights In Constitutional Interpretation, James E. Fleming
Fidelity To Natural Law And Natural Rights In Constitutional Interpretation, James E. Fleming
Fordham Law Review
No abstract provided.
Response To Robert P. George, Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Joseph W. Koterski
Response To Robert P. George, Natural Law, The Constitution, And The Theory And Practice Of Judicial Review, Joseph W. Koterski
Fordham Law Review
No abstract provided.
The Natural Law Due Process Philosophy, Robert P. George
The Natural Law Due Process Philosophy, Robert P. George
Fordham Law Review
No abstract provided.
There Is No Such Thing As Textualism: A Case Study In Constitutional Method, Paul E. Mcgreal
There Is No Such Thing As Textualism: A Case Study In Constitutional Method, Paul E. Mcgreal
Fordham Law Review
No abstract provided.
On Wellington Interpretation: A Timely Reappraisal (Harry H. Wellington Festschrift Issue), Ruti Teitel
On Wellington Interpretation: A Timely Reappraisal (Harry H. Wellington Festschrift Issue), Ruti Teitel
Articles & Chapters
No abstract provided.
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
Constitutional Circularity, Michael B. Abramowicz
Constitutional Circularity, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
In supporting the invocation of stare decisis in constitutional cases, the Supreme Court has maintained that its decisions affect how the people conceptualize the government and their rights. Such an argument, which prioritizes contemporary understands of the Constitution over both the intentions of Framers and the nuances of doctrine, suggests that constitutional decisions may affect the meaning of the Constitution itself. In this Article, Professor Abramowicz offers a positive account demonstrating that the Court has used this type of argument, which he dubs “constitutional circularity,” and provides a normative critique. The positive account is relevant not only because it identifies …