Constitutional

• Constitutional law

• Constitutional amendments

• Constitutions

• Constitutional hypocrisy.

INTRODUCTION My legal realist inclinations leave me largely agnostic about the particular provisions that happen to be included in any particular co...

• Constitutional Commentary
• Vol. 27 Nbr. 3, December 2011

• Three concepts of dignity in constitutional law.

The U.S. Supreme Court and constitutional courts around the world regularly use the term human dignity when deciding cases about freedom of speech, re...

• Notre Dame Law Review
• Vol. 86 Nbr. 1, February 2011

• Constitutional interpretation through a global lens.

I. INTRODUCTION In the wake of Lawrence v. Texas (1) and Roper v. Simmons, (2) most of the legal world in the United States was alerted to the exist...

• Missouri Law Review
• Vol. 75 Nbr. 4, September 2010

• Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit.

WHOLESALE JUSTICE: CONSTITUTIONAL DEMOCRACY AND THE CLASS ACTION LAWSUIT. By Martin H. Redish. Stanford: Stanford University Press. 2009. Pp. x, 317. ...

• Michigan Law Review
• Vol. 109 Nbr. 6, April 2011

• Commentary: Trials & Tribulations: Constitutional Muster

In a decision issued last week, the Sixth Circuit Court of Appeals won the race to release the first appellate-level decision regarding the constitutionality of the Patient Protection and Affordable Care Act. In Thomas More Law Center v. Obama, the court determined that the hotly-debated minimum coverage provision, which generally requires all U.S. citizens, with certain exceptions, to obtain a minimum level of health care insurance, was a constitutional exercise of Congress' power pursuant to the Commerce Clause.

• Daily Record (Rochester, NY)
• July 13, 2011

• Constitutional expectations.

INTRODUCTION I. THE OATH II. EXPECTATIONS III. THE ACT IV. CHANGE A. In General B. In Particular C. Timing CONCLUSION INTRODUCTION The inauguration ...

• Michigan Law Review
• Vol. 109 Nbr. 1, October 2010

• Unborn children as constitutional persons.

An honest judge on the bench would call things by their proper names. (1) --AMA Committee on Criminal Abortion (1871) ABSTRACT: In Roe v. Wade, th...

• Issues in Law & Medicine
• Vol. 25 Nbr. 3, March 2010

• How to count to thirty-four: the constitutional case for a constitutional convention.

INTRODUCTION Thirty-four is a magic number. A mathematician might explain that thirty-four is the smallest whole number greater than two-thirds of f...

• Harvard Journal of Law & Public Policy
• Vol. 34 Nbr. 3, June 2011

• Seana Shiffrin's thinker-based freedom of speech: a response.

As an instinctive consequentialist so far as First Amendment theory is concerned, I have to admit that I have never been so tempted by a non-consequen...

• Constitutional Commentary
• Vol. 27 Nbr. 2, September 2011

• The 'Design Sciences' and Constitutional 'Success'

The literature on constitutional design suggests that desirable social and political outcomes may be accomplished through optimal institutional planning and implementation. In this article, the author engages in a brief thought experiment concerning two important yet not often addressed aspects of constitutional-design theory. First, he places constitutional design in the broader context of what he calls the "design sciences" -- the many disciplines, domains, and activities from urban planning to space exploration -- that rely on design to accomplish big, noble goals. Second, he addresses the question of "success" in constitutional design, namely how to define and assess the actual impact of constitutional structures in accomplishing desirable objectives. Constitutional design is a mode...

• Texas Law Review
• Vol. 87 Nbr. 7, June 2009