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Articles 2941 - 2970 of 3541
Full-Text Articles in Law
Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan
Critical Legal Theory And The Politics Of Pragmatism, Peter D. Swan
Dalhousie Law Journal
In this century mainstream legal scholarship in the United States has been subjected to various "crises of confidence" over the nature of the adjudication process. One of the key features of more traditional legal scholarship has been a belief in legal texts such as the constitution, statutes and precedents which are said to possess discrete and objective meaning capable of being discovered by objective detached observers. This belief in the authority of the text has been most clearly expressed in American constitutional law scholarship which has been dominated until recently by the quest to reveal the public moral values that …
The Politics Of The Imagination: A Life Of F.R. Scott, J King Gordon
The Politics Of The Imagination: A Life Of F.R. Scott, J King Gordon
Dalhousie Law Journal
The task of a biographer is a challenging one at best. And when the subject is one who has achieved distinction in many fields the difficulties are magnified many times. Better, perhaps, to settle for a Festschift where colleagues and friends in fields in which the subject has excelled join together to pay their separate tributes. So in the case of Frank Scott and his biographer, Sandra Djwa. She is a professor of literature and has achieved recognition for the work she has done on the writings and life of E.J. Pratt. It was undoubtedly Frank Scott, the distinguished Canadian …
Eminent Domain, Police Power, And Business Regulation: Economic Liberty And The Constitution, Philip P. Houle
Eminent Domain, Police Power, And Business Regulation: Economic Liberty And The Constitution, Philip P. Houle
West Virginia Law Review
No abstract provided.
Revolutions And Constitutions, Louis Henkin
Revolutions And Constitutions, Louis Henkin
Louisiana Law Review
No abstract provided.
Eficacia Y Autoridad Del Precedente Constitucional En America Latina: Las Lecciones Del Derecho Com Parado, Alejandro M. Garro
Eficacia Y Autoridad Del Precedente Constitucional En America Latina: Las Lecciones Del Derecho Com Parado, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
Appellate Litigation: Its Place In The Law School Curriculum, Robert J. Martineau
Appellate Litigation: Its Place In The Law School Curriculum, Robert J. Martineau
Journal of Legal Education
No abstract provided.
Defining Religion In The First Amendment: A Functional Approach , Ben Clements
Defining Religion In The First Amendment: A Functional Approach , Ben Clements
Cornell Law Review
No abstract provided.
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
Interpreting An Unwritten Constitution, Ronald D. Rotunda
Interpreting An Unwritten Constitution, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Governmental Aid To Religious Entities: The Total Subsidy Position Prevails, G. Sidney Buchanan
Governmental Aid To Religious Entities: The Total Subsidy Position Prevails, G. Sidney Buchanan
Fordham Law Review
No abstract provided.
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle
God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle
Fordham Law Review
No abstract provided.
Restructuring A Democracy: An Analysis Of The New Proposed Constitution For Israel, Marina O. Lowy
Restructuring A Democracy: An Analysis Of The New Proposed Constitution For Israel, Marina O. Lowy
Cornell International Law Journal
No abstract provided.
Bringing The Law To Life: A Plea For Disenchantment , Frank Michelman
Bringing The Law To Life: A Plea For Disenchantment , Frank Michelman
Cornell Law Review
No abstract provided.
Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo
Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo
Fordham Law Review
No abstract provided.
Are Constitutional Cases Political?, Brian Slattery
Are Constitutional Cases Political?, Brian Slattery
Articles & Book Chapters
To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky
The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly
Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly
Fordham Law Review
No abstract provided.
Presidential Management Of Agency Rulemaking, Harold H. Bruff
Presidential Management Of Agency Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Publications
No abstract provided.
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Publications
No abstract provided.
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
Publications
No abstract provided.
Forgetting The Constitution, Robert F. Nagel
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Publications
No abstract provided.
Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar
Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar
Osgoode Hall Law Journal
Three distinct adjudicatory processes are found in appellate courts: decisional adjudication (applying principles), procedural adjudication (choosing among principles), and diagnostic adjudication (defining and developing principles). The Supreme Court of Canada has traditionally used procedural adjudication, in which the adversary process frames issues and generates supporting material. However, the Court's decreased caseload, its increased discretion to select cases, and the arrival of a new wave of issues under the Charter of Rights has shifted the Court's work to diagnostic adjudication. As judgment becomes less a choice problem and more a creative exercise, both the degree and kind of judicial involvement changes. …
Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan
Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan
Osgoode Hall Law Journal
The author provides an analysis and critique of the various types of arguments advanced by Canadian constitutional jurists to establish formal grounds for the legitimacy of judicial review under the Canadian constitution. He demonstrates how two variables - constitutional truth and trust in the judiciary - are relied upon in past and contemporary debates about constitutional adjudication to construct four different types of argument about the legitimacy of judicial review. Each of these types of argument is then criticized in the context of recent Charter decisions. It is argued that none of them can sustain the burden of legitimating judicial …
The Future And The First Amendment, Lee C. Bollinger
The Future And The First Amendment, Lee C. Bollinger
Faculty Scholarship
It is my honor and pleasure to deliver this year's Sullivan Lecture. I have an especially warm feeling toward this Law School. Two years ago, at the invitation of your Professor Distelhorst, I participated in the Capital Law School program for teaching American law to Japanese lawyers. For five stimulating weeks I enjoyed the intellectual and social company· of Japanese attorneys, while teaching them the outlines of American constitutional law. Twice a week, in the evening, for three continuous hours, and after a full work day, these dedicated lawyers would willingly become students again and suffer patiently through my highly …
Methods Of Constitutional Argument, Philip C. Bobbitt
Methods Of Constitutional Argument, Philip C. Bobbitt
Faculty Scholarship
The methods of constitutional argument1 that may be denominated, historical, textual, doctrinal, structural, prudential and ethical, have not grown according to a plan. They have grown up in the United States because of our history and traditions – the sort of people we have become and are still becoming. To that extent, they are arbitrary and contingent. They are not the same for every culture. I would be surprised if they were very different for Canada because Canadians and Americans share so much of the same legal tradition. One can, however, easily imagine cultures around the world where legal arguments …