Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 48
... existence of potentially or actually vague applications of language no more compels a conclusion that language is useless than the existence of a debatably bald man renders useless the observations that Yul Brynner is clearly bald and ...
... existence of potentially or actually vague applications of language no more compels a conclusion that language is useless than the existence of a debatably bald man renders useless the observations that Yul Brynner is clearly bald and ...
Page 70
... existence of segregated schools in 1868 or on the willingness of those who drafted and adopted the fourteenth amendment to tolerate segre- gated schools , but on the framers ' desire to eradicate the caste system and the implication of ...
... existence of segregated schools in 1868 or on the willingness of those who drafted and adopted the fourteenth amendment to tolerate segre- gated schools , but on the framers ' desire to eradicate the caste system and the implication of ...
Page 364
... existence independent of particular human societies . To discover whether the members of an iso- lated tribe have legal rights , we have to go talk to them .... But living in a society that does recognize the existence of legal rights ...
... existence independent of particular human societies . To discover whether the members of an iso- lated tribe have legal rights , we have to go talk to them .... But living in a society that does recognize the existence of legal rights ...
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 |