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Articles 1 - 7 of 7
Full-Text Articles in Law
Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation . . . And Parking Tickets, Lawrence Rosenthal
Does Due Process Have An Original Meaning? On Originalism, Due Process, Procedural Innovation . . . And Parking Tickets, Lawrence Rosenthal
Lawrence Rosenthal
Originalism – the view that constitutional provisions should be interpreted as they were “understood at the time of the law’s enactment” – is the ascendant method of constitutional interpretation. In particular, originalists argue that the Constitution's open-ended provisions should be interpreted in light of their generally understood legal meaning at the time of their framing. An originalist view of due process -- entitling civil and criminal defendants to those procedures considered "due" at the time of framing -- would accordingly condemn any number of innovations in criminal and civil procedures' that alter framing-era procedural rights, such as the novel systems …
What Should We Celebrate On Constitution Day?, Alan Garfield
What Should We Celebrate On Constitution Day?, Alan Garfield
Alan E Garfield
Congress recently created a new national observance, Constitution Day, to be marked each year on September 17th. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution’s text is hardly perfect, and judicial interpretations of the Constitution are themselves problematic. To identify what Americans should celebrate on Constitution Day, this article sets out to identify the Constitution’s core meaning for Americans. To do so, it first draws lessons from two contemporary Establishment Clause disputes (one over the teaching of intelligent design and …
Wrestling With God: The Courts' Tortuous Treatment Of Religion (Paperback), Patrick Garry
Wrestling With God: The Courts' Tortuous Treatment Of Religion (Paperback), Patrick Garry
Patrick M. Garry
The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …
Dred Scott And The Political Question Doctrine, Wesley M. Oliver
Dred Scott And The Political Question Doctrine, Wesley M. Oliver
Wesley M Oliver
No abstract provided.
Constitutional Law: 2007 Year In Review, James R. May
Constitutional Law: 2007 Year In Review, James R. May
James R. May
No abstract provided.
Introduction: Dred Scott After 150 Years: A Grievous Wound Remembered, John L. Gedid
Introduction: Dred Scott After 150 Years: A Grievous Wound Remembered, John L. Gedid
John L. Gedid
No abstract provided.
¿Interpretación O Configuración Del Poder?: Acerca Del Precedente Que Establece La Procedencia Del Rac Contra Resoluciones Estimatorias, Óscar Súmar
Oscar Súmar
No abstract provided.