Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional law (2)
- Democracy (2)
- Separation of Powers (2)
- Alexander v. Sandoval (1)
- Alien Tort Claims Act (1)
-
- Arrest (1)
- Arrest Authority (1)
- Atwater v. City of Lago Vista (1)
- Autonomy (1)
- Baker v. Carr (1)
- Bill Clinton (1)
- Civil liberties (1)
- Comparative government (1)
- Constitutional Carte Blanche (1)
- Constitutional Interpretation (1)
- Constitutional torts (1)
- Courts of Special Jurisdiction (1)
- Cultural imperialism (1)
- Cultural relativism (1)
- Democratic Party (1)
- Domestic enforcement (1)
- Economics (1)
- Executive power (1)
- Federal courts (1)
- Federal judicial self-restraint (1)
- Federalism (1)
- Filartiga v. Pena-Irala (1)
- Government Regulation (1)
- Human rights (1)
- Immigration Law (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Social and Behavioral Sciences
The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan
Street Legal: The Court Affords Police Constitutional Carte Blanche, Wayne A. Logan
Indiana Law Journal
No abstract provided.
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
William & Mary Law Review
No abstract provided.
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Faculty Scholarship
Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …
Misunderstood, Neal Devins
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Articles
No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.
I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …
How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas
How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang
All Faculty Scholarship
No abstract provided.
The War On Terrorism And Civil Liberties, Jules Lobel
The War On Terrorism And Civil Liberties, Jules Lobel
Articles
Throughout American history, we have grappled with the problem of balancing liberty versus security in times of war or national emergency. Our history is littered with sordid examples of the Constitution's silence during war or perceived national emergency. The Bush Administration’s War on Terror has once again forced a reckoning requiring Americans to balance liberty and national security in wartime. President Bush has stated, "[w]e believe in democracy and rule of law and the Constitution. But we're under attack.” President Bush, Attorney General Ashcroft and other governmental leaders have argued that in war, "the Constitution does not give foreign enemies …
The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.
The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.
Articles
Michael Ignatieffs provocatively titled collection of essays, Human Rights As Politics and Idolatry [hereinafter Human Rights], is a careful examination of the theoretical underpinnings and contradictions in the area of human rights. At bottom, both of his primary essays, Human Rights As Politics and Human Rights As Idolatry, make a claim that is perhaps contrary to the instincts of human rights thinkers and activists: namely, that international human rights can best be philosophically justified and effectively applied to the extent that they strive for minimal ism. Human rights activists generally argue for the opposite conclusion: that international human rights be …
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr.
Vanderbilt Law School Faculty Publications
Professors George and Pushaw review Maxwell L. Stearns’ book, “Constitutional Process: A Social Choice Analysis of Supreme Court Decision-making.” In his book, Stearns demonstrates that the U.S. Supreme Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing “social choice” economic theory, Professor Stearns argues that the Court strives to formulate rules that promote rationality and fairness. Perhaps the greatest strength of Stearns’ book is that he presents a grand unified theory of the Court’s rules of constitutional process and the resulting development of doctrine. This strength can also be a weakness, …
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Richard Adelstein
Intellectual property and patent protection in light of the AIDS crisis in Africa.