Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 20
... fact that are in dispute . But what these issues of fact are depends on the relevant law . ( The color of the traffic light is of concern only because there is a law prohibiting going through red lights . ) In the average case , the ...
... fact that are in dispute . But what these issues of fact are depends on the relevant law . ( The color of the traffic light is of concern only because there is a law prohibiting going through red lights . ) In the average case , the ...
Page 22
... facts . One has to know which facts are legally significant which is what the reasons indicate . ( The fact that the man who went through the red light was named Smith is not legally significant , but the fact that he was on his way to ...
... facts . One has to know which facts are legally significant which is what the reasons indicate . ( The fact that the man who went through the red light was named Smith is not legally significant , but the fact that he was on his way to ...
Page 86
... fact that Roosevelt was in fact blocked is not to be explained by saying that a " lesser " strategy was foiled by a legitimate one , but by saying that the political forces always at work in the system exist in ever changing ...
... fact that Roosevelt was in fact blocked is not to be explained by saying that a " lesser " strategy was foiled by a legitimate one , but by saying that the political forces always at work in the system exist in ever changing ...
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 |