Results 41 to 50 of about 125,744 (186)

The Warren Court and the Concept of a Right [PDF]

open access: yes, 1999
The Warren Court is dead. None of its Justices remain on the benchindeed, only Justice White survives-and the recent history of the Supreme Court has been in large part a history of repudiating controversial Warren Court doctrines.
Luban, David
core   +1 more source

The Dimensions of American Constitutional Equality [PDF]

open access: yes, 1992
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed.
Wilkinson, J. Harvie, III
core   +1 more source

Law and economics, consequentialism and legal pragmatism: the influence of Oliver Holmes Jr. [PDF]

open access: yes, 2012
This paper aims to present the similarities and differences between Posner's defense of Law and Economics (LAE) and Holmes' pragmatism. The investigation is centered in the arguments of economic consequences of judicial decisions.
Lima Catão, Adrualdo de
core  

The interpretation of the European Convention on Human Rights

open access: yesZbornik Radova Pravnog Fakulteta u Splitu, 2014
The European Convention Human Rights system, despite being the most effective system in providing individual protection of civil and political rights, is currently facing numerous problems.
Maša Marochini
doaj  

Originalism: A Critical Introduction [PDF]

open access: yes, 2013
The theory of originalism is now well into its second wave. Originalism first came to prominence in the 1970s and 1980s as conservative critics reacted to the decisions of the Warren Court, and the Reagan Administration embraced originalism as a check on
Whittington, Keith E.
core   +1 more source

NON-IMPLEMENTATION OF WTO DISPUTE SETTLEMENT DECISIONS AND LIABILITY ACTIONS

open access: yesNordic Journal of Commercial Law, 2004
The World Trade Organization was established in 1995 and the European Community and its Member States became thereby bound by an overwhelming number of international obligations in the field of international trade.
Mervi Pere
doaj   +2 more sources

Efekt mrożący

open access: yesPrzegląd Konstytucyjny
The chilling effect is a real threat to freedom of expression and unfettered public debate. It occurs when, as a result of the conduct of public authorities, an individual decides to refrain from ...
Wojciech Brzozowski
doaj   +1 more source

Rights To and Not To [PDF]

open access: yes, 2012
When and why should a “right to” include a “right not to”? If a person has a right to engage in an activity or to receive a particular form of procedural protection, under what circumstances should he also have a right not to engage in that activity or ...
Blocher, Joseph
core   +1 more source

Judicial Engagement, New Originalism, and the Fortieth Anniversary of \u3ci\u3eGovernment by Judiciary\u3c/i\u3e [PDF]

open access: yes, 2018
Part I briefly summarizes Berger’s originalist approach. Part II describes how the new Judicial Engagement originalists suggest judges should resolve constitutional cases. Part III explains why text and history do not support their judicially enforceable,
Segall, Eric J.
core   +1 more source

Dissing States?: Invalidation of State Action During the Rehnquist Era [PDF]

open access: yes, 2002
Used by permission of the Virginia Law Review ...
Colker, Ruth, Scott, Kevin M.
core  

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