Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 224
... economic affairs with human affairs as though economics is a science developed for the benefit of dogs or trees ; something that has nothing to do with human beings , with their welfare , aspirations , or freedoms . That , of course ...
... economic affairs with human affairs as though economics is a science developed for the benefit of dogs or trees ; something that has nothing to do with human beings , with their welfare , aspirations , or freedoms . That , of course ...
Page 236
... Economic Analysis and the Constitution Not surprisingly , with the rise of law and economics approaches , an increas- ing number of scholars have argued that at least some aspects of the Constitu- tion lend themselves to analysis from ...
... Economic Analysis and the Constitution Not surprisingly , with the rise of law and economics approaches , an increas- ing number of scholars have argued that at least some aspects of the Constitu- tion lend themselves to analysis from ...
Page 238
... economic considerations and so indeed does the Fourth Amendment ( and not just the exclusionary rule that has been grafted onto it by the courts ) . In forbidding only unreasonable searches and seizures , the Fourth Amendment requires ...
... economic considerations and so indeed does the Fourth Amendment ( and not just the exclusionary rule that has been grafted onto it by the courts ) . In forbidding only unreasonable searches and seizures , the Fourth Amendment requires ...
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 |