Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 28
... result - oriented , and those who are also result - oriented but either do not know it or decline for vari- ous purposes to admit it . Those who are unaware of their result - orienta- tion have an advantage ; they get where they want to ...
... result - oriented , and those who are also result - oriented but either do not know it or decline for vari- ous purposes to admit it . Those who are unaware of their result - orienta- tion have an advantage ; they get where they want to ...
Page 34
... result of the case , to uphold the constitutionality of an important regula- tory statute over only one dissent , was , Justice Frankfurter said , " cheap at the price " of a critic's scorn . This argument , or variants of it , is often ...
... result of the case , to uphold the constitutionality of an important regula- tory statute over only one dissent , was , Justice Frankfurter said , " cheap at the price " of a critic's scorn . This argument , or variants of it , is often ...
Page 46
... result announced by a clearly applicable rule , questions about which rule , if any , is in fact rele- vant , or both . Regardless of the cause , the result is the same : one cannot find the answer to a question ( which is not the same ...
... result announced by a clearly applicable rule , questions about which rule , if any , is in fact rele- vant , or both . Regardless of the cause , the result is the same : one cannot find the answer to a question ( which is not the same ...
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 |