Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 24
... action involves value choices , as invariably action does . In doing so , however , they are bound to function otherwise than as a naked power organ ; they participate as courts of law . This calls for facing how determinations of this ...
... action involves value choices , as invariably action does . In doing so , however , they are bound to function otherwise than as a naked power organ ; they participate as courts of law . This calls for facing how determinations of this ...
Page 135
... action . " In that case , the action complained of was " private , " in the tech- nical sense . It is true that the school board plaintiff was a state agency , but it was very far from denying anybody equal protection of the laws . " No ...
... action . " In that case , the action complained of was " private , " in the tech- nical sense . It is true that the school board plaintiff was a state agency , but it was very far from denying anybody equal protection of the laws . " No ...
Page 136
... action " or " private action . " The unhallowed " state action " doctrine takes its origin from operations performed , in the Civil Rights Cases of 1883 , on particular texts ; where the right at stake is not derived from those or any ...
... action " or " private action . " The unhallowed " state action " doctrine takes its origin from operations performed , in the Civil Rights Cases of 1883 , on particular texts ; where the right at stake is not derived from those or any ...
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
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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 |