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Articles 91 - 120 of 131
Full-Text Articles in Judges
Constitutional Justice And Democracy, Michel Troper
Constitutional Justice And Democracy, Michel Troper
Cardozo Law Review
The issue of the compatibility of constitutional justice and democracy is considered in a particular way in France, for reasons relating both to the history of the legal culture and tothe peculiarities of the Constitutional Council, the institution which reviews the constitutionality of legislation.
"Fetch Some Soupmeat", William N. Eskridge Jr.
"Fetch Some Soupmeat", William N. Eskridge Jr.
Cardozo Law Review
Although first published over 150 years ago, Francis Lieber's Legal and Political Hermeneutics remains broadly influential, and the soupmeat hypothetical in particular has been reproduced in the most widely read twentieth-century legal texts for teaching statutory interpretation. The directive, "fetch some soupmeat," seems straightforward in most situations, because the housekeeper and the servant are operating under the same assumptions, and because their shared assumptions are borne out as the servant goes about his task. Lieber's project-and the project of any sophisticated theoretical treatment of statutory interpretation-was to explore the many ways in which "fetch some soupmeat" proves susceptible to surprising …
A Further Word Against Consensus, John O. Mcginnis
A Further Word Against Consensus, John O. Mcginnis
Articles
In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis
Articles
No abstract provided.
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This Article examines the diversion of the Takings Clause from its historic limited role to that of a charter for courts to second-guess legislative determinations of land-use rights and wrongs. As we shall see, prior to Lucas the Supreme Court and others following its lead have generally not regarded the Takings Clause as a warrant for reaching de novo determinations on land use problems and then substituting such judicial determinations, if different, for those of the legislature. Some notable exceptions in the Claims Court and Federal Circuit will then be considered along with the ostensible Supreme Court authority, a sentence …
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz
Articles
No abstract provided.
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Cardozo Law Review
No abstract provided.
My Pizza With Ninó, Alex Kozinski
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
Cardozo Law Review
No abstract provided.
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Cardozo Law Review
No abstract provided.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Cardozo Law Review
No abstract provided.
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
The Bork Nomination, Ronald M. Dworkin
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Cardozo Law Review
No abstract provided.
Preface, Monroe E. Price
Foreword, David Rudenstine
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Cardozo Law Review
No abstract provided.
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
Memorandum Concerning Robert Bork [1987], Anonymous
Memorandum Concerning Robert Bork [1987], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous
Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Constitutional Law
No abstract provided.
Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison
Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison
Historical and Topical Legal Documents
No abstract provided.
Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison
Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison
Historical and Topical Legal Documents
No abstract provided.
Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul
Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul
Historical and Topical Legal Documents
No abstract provided.