Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
Results 1-3 of 80
Page 12
... Justice Rehnquist and Justice O'Connor dissenting from Justice Brennan's majority opinion , in which Justices Scalia and Kennedy joined , to strike down a federal statute prohibiting flag burning ) ; National Treasury Employees Union v ...
... Justice Rehnquist and Justice O'Connor dissenting from Justice Brennan's majority opinion , in which Justices Scalia and Kennedy joined , to strike down a federal statute prohibiting flag burning ) ; National Treasury Employees Union v ...
Page 161
... justice , sir , do justice , " to which Holmes responded , " " That is not my job . It is my job to apply the law . " " 1 While many people , perhaps especially those with legal training , would agree with the sentiment expressed in ...
... justice , sir , do justice , " to which Holmes responded , " " That is not my job . It is my job to apply the law . " " 1 While many people , perhaps especially those with legal training , would agree with the sentiment expressed in ...
Page 183
... Justice Rehnquist and Justices White and Scalia , joined by new Justice Clarence Thomas , would have overruled Roe and permitted state regulations and re- strictions that are rationally related to a legitimate state interest . In an ...
... Justice Rehnquist and Justices White and Scalia , joined by new Justice Clarence Thomas , would have overruled Roe and permitted state regulations and re- strictions that are rationally related to a legitimate state interest . In an ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
Other editions - View all
Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |