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Constitutional Law

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Institution
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Articles 91 - 120 of 131

Full-Text Articles in Judges

Constitutional Justice And Democracy, Michel Troper Dec 1995

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. Apr 1995

"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 Feb 1993

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 Feb 1993

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 Jan 1993

"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 Jan 1993

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 Jul 1992

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 Jul 1992

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 Mar 1992

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 Jun 1991

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 Jun 1991

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 Jun 1991

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jun 1991

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 Jan 1991

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 Oct 1990

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 Jul 1990

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. Oct 1988

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 Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


The Bork Nomination, Ronald M. Dworkin Oct 1987

The Bork Nomination, Ronald M. Dworkin

Cardozo Law Review

No abstract provided.


Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland Oct 1987

Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland

Cardozo Law Review

No abstract provided.


Preface, Monroe E. Price Oct 1987

Preface, Monroe E. Price

Cardozo Law Review

No abstract provided.


Foreword, David Rudenstine Oct 1987

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.


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 Oct 1987

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 Oct 1987

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.


Memorandum Concerning Robert Bork [1987], Anonymous Jan 1987

Memorandum Concerning Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.


Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous Jan 1987

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 Nov 1986

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 Jun 1986

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 Jun 1986

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 Jun 1986

Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul

Historical and Topical Legal Documents

No abstract provided.