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Search results for: “constitutional interpretation”

  • Fair Measure: The Legal Status of Underenforced Constitutional Norms

    Fair Measure: The Legal Status of Underenforced Constitutional Norms   Lawrence Gene Sager The federal judiciary sometimes declines to uphold constitutionally based claims, not because of any reading of the relevant constitutional clause itself, but rather because of “institutional”concerns such as federalism and judicial competence. Professor Sager argues in this Article that these constitutional norms…

  • Encyclopedia of Civil Liberties in America

    The Encyclopedia of Civil Liberties in America Editors: David Schultz, John Vile Includes bibliographical references and index. ISBN 0-7656-8063-7 Content of the Encyclopedia ANP ATCA Attainder, Bill of AU CIA DOJ EDPA FBI FCC Friend of the Court Gay Rights IRS Jim Crow Laws Original Intent Patents Procedural Due Process Rochin v. California (1952) Section…

  • Islamic Commercial Law

    Islamic Commercial Law Definition of Islamic Commercial Law and Contract Law Islamic Commercial Law In their broad outline, the fundamental principles of Islamic law in the area of contract and business law do not differ much from their counterparts in Western legal systems. From the nineteenth century, the influence of Western legal systems is largely…

  • Magna Carta

    Legal Materials Pictures and translations of the Magna Carta are posted on the Internet by the National Archives and Records Administration and the British Library. You'll find a print copy in the American Jurisprudence 2d Deskbook. Abstract The Magna Carta (literally, the […]

  • Hierarchy of Norms

    Theories Concerning the Hierarchy of Norms In relation to the theories concerning the hierarchy of norms and constitutional law, Cesare Pinelli[1] made the following observation: Conflicts between norms arise within a legal system, and between legal systems, when two norms addressing the […]

  • Critical Legal Studies

    The Legal History of Critical Legal Studies This section provides an overview of Critical Legal Studies Critical Legal Studies and Comparative Constitutional Law In relation to the critical legal studies and comparative constitutional law, Maxim Bönnemann and Laura Jung[1] made the […]

  • Autochthonous Constitutions

    In relation to the autochthonous constitutions and constitutional law, Peter C Oliver[1] made the following observation: 'Autochthony' refers to the fact that a constitution is, legally speaking, 'home grown' or rooted in native soil. By this it is meant that the […]

  • Methodology of Jurisprudence

    Methodology of Jurisprudence Descriptive Jurisprudence Books and Papers Veronica Rodriguez Blanco (2006). The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited. Ratio Juris 19 (1):26-54. Kenneth M. Ehrenberg (2016). The Functions of Law. Oxford University Press. What is the nature of law and what is the best way to discover it? This book…

  • Methodology of Jurisprudence

    Methodology of Jurisprudence Descriptive Jurisprudence Books and Papers Veronica Rodriguez Blanco (2006). The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited. Ratio Juris 19 (1):26-54. Kenneth M. Ehrenberg (2016). The Functions of Law. Oxford University Press. What is the nature of law and what is the best way to discover it? This book…

  • Legal Authority

    Legal Authority Legal Authority and Obligation This covers the following: Legal Authority Political Obligation Obligations in the Law Normativity of Law Political Obligation See more about political obligation here. Obligations in the Law Books and Papers about this subject: Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189. Matthew Lister (2012).…

  • Legal Authority

    Legal Authority Legal Authority and Obligation This covers the following: Legal Authority Political Obligation Obligations in the Law Normativity of Law Political Obligation See more about political obligation here. Obligations in the Law Books and Papers about this subject: Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189. Matthew Lister (2012).…

  • Interstate Extradition

    Interstate Extradition Interstate Rendition Clause in the United States In the United States, a uniform law interstate rendition between the states is established by Article 4, Section 2, of the U.S. Constitution, “which specifies that interstate extradition applies”(1) regardless or irrespective of the nature of the crime.” provides that any person properly charged is subject…

  • List of Authors to the Encyclopedia of the American Constitution

    List of Authors to the Encyclopedia of the American Constitution Main Entries: List of Entries and Authors of the Encyclopedia of the American Constitution Encyclopedia of the American Constitution Listing of entries to the Encyclopedia by Author: Benjamin Aaron Professor of Law, Emeritus University of California, Los Angeles LABOR AND THE ANTITRUST LAWS Henry J.…

  • List of Entries and Authors of the Encyclopedia of the American Constitution

    List of Articles and Contributors of the Encyclopedia of the American Constitution Main Entry: the Encyclopedia of the American Constitution. List of Authors by Entry (A-Z): ADEQUATE STATE GROUNDS Kenneth L. Karst ADKINS V. CHILDREN’S HOSPITAL Leonard W. Levy ADLER V. BOARD OF EDUCATION OF CITY OF NEW YORK Martin Shapiro ADMINISTRATIVE AGENCIES Joseph Vining…

  • International copyright Part 11

    International copyright Part 11   90 From Itar-Tass to Films by Jove: The Conflict of Laws Revolution in International copyright Anna Tydniouk Brooklyn Journal of International Law Volume 29, Number 2, 2004 p.897 LAW JOURNAL / LAW REVIEW 91 THE UNITED STATES AND INTERNATIONAL COPYRIGHT LAW: FROM BERNE TO ELDRED William Patty Houston Law Review…