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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...
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FROM DISGUST TO HUMANITY: SEXUAL ORIENTATION & CONSTITUTIONAL LAW. By Martha C. Nussbaum. Oxford and New York: Oxford University Press. 2010. Pp. xxiv...
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OCTOBER TERM, 1998
Syllabus
BUCKLEY, SECRETARY OF STATE OF COLORADO v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC...
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Constitutional Law
Capital punishment
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INTRODUCTION
Imagine that Congress enacted a law under which the nation's bank presidents elect three people to serve as candidates for Secretary of...
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Spectator Attending Athletic Event Voluntarily Consents Under Fourth Amendment to Pat-Down Search at Stadium Entrance--Johnston v. Tampa Sports Author...
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§ 12.1 Introduction to Natural Law Decisionmaking. § 12.2 Defining the Natural Law Style of Constitutional Interpretation. § 12.2.1 Treatment of Contemporaneous Sources of Interpretation. § 12.2.1.1 Treatment of Text. § 12.2.1.2 Treatment of Context. § 12.2.1.3 Treatment of History. § 12.2.2 Treatment of Subsequent Developments. § 12.2.2.1 Legislative, Executive, and Social Practice. § 12.2.2.2 Judicial Precedents. § 12.2.2.3 Prudential Considerations. § 12.3 Variations in the Natural Law Approach. § 12.3.1 Summary of the Basic Natural Law Approach. § 12.3.2 Extreme versus Moderate Natural Law. § 12.3.3 Conservative versus Liberal Natural Law. § 12.4 The Natural Law Approach, Combined with Affinity for Another Style. § 12.4.1 Natural Law Combined with Formalist Interpretation. § 12.4.2 ...
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THE PRESIDENT does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation." - Barack Obama, 2007
In what was one of the most devastating political commercials of the 2008 primary election, Hillary Clinton underscored how unprepared the Democratic frontrunner - a constitutional law professor - was for the challenges of presidential leadership. A phone in the White House is ringing. It's 3 a.m. "Something's happening in the world," a voice ominously warns. "Who do you want answering the phone?
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Part IV of this book discusses the final cause of constitutional law - its purpose and that towards which it is becoming. In one sense, the...
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As noted at § 5.2.2.2, there are four main elements of constitutional structure: judicial review, federalism, separation of powers, and che...