Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
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Page 46
... question ( which is not the same as a controversy ) by a straightforward reading of rules . [ 42 ] To the extent that one can find an answer to a question by a straightfor- ward reading of rules , other factors may make a case hard . A ...
... question ( which is not the same as a controversy ) by a straightforward reading of rules . [ 42 ] To the extent that one can find an answer to a question by a straightfor- ward reading of rules , other factors may make a case hard . A ...
Page 304
... question whether women should be treated unequally means simply whether women should be treated as less . When it is exposed as a naked power question , there is no separable question of what ought to be . The only real question is what ...
... question whether women should be treated unequally means simply whether women should be treated as less . When it is exposed as a naked power question , there is no separable question of what ought to be . The only real question is what ...
Page 368
... question is not whether people should talk , but rather what they should say and what ( among the various ideas ... question " out of context , " but we clearly do not mean " out of any context . " Rather , we mean that someone has not ...
... question is not whether people should talk , but rather what they should say and what ( among the various ideas ... question " out of context , " but we clearly do not mean " out of any context . " Rather , we mean that someone has not ...
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 |