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Articles 1 - 24 of 24
Full-Text Articles in Law
Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa
Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa
Cornell Law Review
No abstract provided.
Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar
Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar
University of Miami Inter-American Law Review
No abstract provided.
Constitutional Law, Russell A. Demott, Cynthia B. Brown, Tara S. Taggart
Constitutional Law, Russell A. Demott, Cynthia B. Brown, Tara S. Taggart
South Carolina Law Review
No abstract provided.
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
University of Miami Inter-American Law Review
No abstract provided.
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
Dalhousie Law Journal
Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.
Does Canada Need A Social Charter?, Matthew Certosimo
Does Canada Need A Social Charter?, Matthew Certosimo
Dalhousie Law Journal
Over the decade since the birth of the Canadian Charter of Rights and Freedoms, expectations that it would impact greatly on the lives of Canadians have gone largely unfulfilled for those regarded as being the most in need of its protection. A recent decision of the Nova Scotia County Court has reminded critics that the narrow interpretation given the Charter'se quality2 and security oftheperson3 provisions, particularly with regard to social and economic rights, excludes from its purview the well-being of Canadians in economic need.
Stances, Anthony V. Alfieri
Foreword: The Constitution Of Responsibility , Steven G. Calabresi, Gary Lawson
Foreword: The Constitution Of Responsibility , Steven G. Calabresi, Gary Lawson
Cornell Law Review
No abstract provided.
A Comparison Of The Protection Of Individual Rights In The New Constitutions Of Colombia And Brazil, Keith S. Rosenn
A Comparison Of The Protection Of Individual Rights In The New Constitutions Of Colombia And Brazil, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson
Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson
Dalhousie Law Journal
In the remainder of this paper I will consider Justice Wilson's contribution to Canadian constitutional law. The paper has three parts. Each has a different theme, although the themes overlap in places. I have given these themes labels, each reflecting, I believe, a significant feature of Justice Wilson's constitutional thinking and writing. The labels are Justice Wilson as - Patriot, Visionary and Heretic. In the next three parts of this paper I will deal with each of these themes, with reference principally to her decisions in Charter cases but also with occasional references to her decisions in other categories of …
Justice Thurgood Marshall: Taking The Fourth Amendment Seriously , Tracey Maclin
Justice Thurgood Marshall: Taking The Fourth Amendment Seriously , Tracey Maclin
Cornell Law Review
No abstract provided.
Property And Liberty Reconsidered, Herman Belz
Property And Liberty Reconsidered, Herman Belz
Vanderbilt Law Review
This perceptive, lucid, and sympathetic account of property rights in American constitutional law by Professor James W. Ely, Jr., is further evidence of the conservative challenge to liberal orthodoxy that has emerged in recent years in American historiography. That the book appears under the cosponsorship of the Organization of American Historians, one of the more militantly liberal scholarly associations in the United States, is a small but significant sign of the changing intellectual climate.
As conceived of in contemporary liberal historiography, protection of individual property rights is but one element of economic liberty. Equally if not more important, according to …
Quasi-Constitutional Law: Clear Statement Rules As Constitu, William N. Eskridge, Jr., Philip P. Frickey
Quasi-Constitutional Law: Clear Statement Rules As Constitu, William N. Eskridge, Jr., Philip P. Frickey
Vanderbilt Law Review
In one of the most celebrated law review articles of all time, Karl Llewellyn argued that the traditional canons of statutory construction are not reliable guides to predicting judicial interpretations, because for every canon supporting one interpretation there is a counter-canon cutting against that interpretation. He accomplished his tour de force in large part by focusing upon the "referential" canons-rules referring the Court to an outside or preexisting source to determine statutory meaning'-and upon the "linguistic" canons-general conventions of language, grammar, and syntax. Llewellyn did not explore in any detail the "substantive" canons, the clear statement rules or presumptions of …
From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger
From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger
Cornell International Law Journal
No abstract provided.
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Case Western Reserve Journal of International Law
No abstract provided.
Lost Innocence And The Moral Foundation Of Law, Kate Nace Day
Lost Innocence And The Moral Foundation Of Law, Kate Nace Day
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Some Further Observations On Environmental Rights And Duties, Lynton K. Caldwell
Some Further Observations On Environmental Rights And Duties, Lynton K. Caldwell
Duke Environmental Law & Policy Forum
No abstract provided.
Forum Non Conveniens And The Constitutional Right Of Access: A Commonwealth Caribbean Perspective, Winston Anderson
Forum Non Conveniens And The Constitutional Right Of Access: A Commonwealth Caribbean Perspective, Winston Anderson
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
The Constitutionality Of Section 27a Of The Securities Exchange Act: Is Congress Rubbing Lampf The Wrong Way, Craig W. Palm
The Constitutionality Of Section 27a Of The Securities Exchange Act: Is Congress Rubbing Lampf The Wrong Way, Craig W. Palm
Villanova Law Review
No abstract provided.
A New Constitution For Romania And A New Idea For The Eastern European Bloc: An Independent Judiciary, Ben F. Overton
A New Constitution For Romania And A New Idea For The Eastern European Bloc: An Independent Judiciary, Ben F. Overton
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Law and Contemporary Problems
A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.
A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy
Georgia State University Law Review
No abstract provided.