Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 89
... adjudication might be wrong . Fiss believes that it is important to get things right because , if we don't , nihilism might triumph . Nihilism must therefore be " combated " in " word and in deed " because it " calls into question the ...
... adjudication might be wrong . Fiss believes that it is important to get things right because , if we don't , nihilism might triumph . Nihilism must therefore be " combated " in " word and in deed " because it " calls into question the ...
Page 92
... Adjudication may be subject to two different attacks . One is based on a moral vision that condemns the institutionalized relationships that are necessarily entailed in adjudication and that begins to point to new insti- tutional forms ...
... Adjudication may be subject to two different attacks . One is based on a moral vision that condemns the institutionalized relationships that are necessarily entailed in adjudication and that begins to point to new insti- tutional forms ...
Page 411
... ADJUDICATION . Precedent in adjudication . See PRECEDENT IN ADJUDICATION . Principled decisions . See PRINCIPLED DECISIONS . ANTIFORMALISM , pp . 348 to 369 . Balancing interest . Identifying and weighting competing claims or interest ...
... ADJUDICATION . Precedent in adjudication . See PRECEDENT IN ADJUDICATION . Principled decisions . See PRINCIPLED DECISIONS . ANTIFORMALISM , pp . 348 to 369 . Balancing interest . Identifying and weighting competing claims or interest ...
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 |