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Applying Bivens to Conduct Outside the United States

James E. Pfander

in Constitutional Torts and the War on Terror

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190495282
eISBN:
9780190495312
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190495282.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter explores the legal doubts that stem from the proposed extraterritorial application of U.S. law, doubts to which a number of federal courts have given voice in declining to adjudicate ... More


Appropriate Constitutional Limits

Andrew Koppelman

in The Tough Luck Constitution and the Assault on Healthcare Reform

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199970025
eISBN:
9780190260187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199970025.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the appropriate constitutional limits on congressional power over the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which ... More


Controlling Public Expenditure More Effectively?

Colin Thain and Maurice Wright

in The Treasury and Whitehall: The Planning and Control of Public Expenditure, 1976–1993

Published in print:
1995
Published Online:
October 2011
ISBN:
9780198277842
eISBN:
9780191684203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198277842.003.0025
Subject:
Political Science, UK Politics, Political Economy

Through the 1990s, pressures for more public spending continued unabated, and governments continued to attempt to restrain the growth of the aggregate, and to decide upon the allocation of ... More


A Democratic Constitution for Public Education

Paul T. Hill and Ashley E. Jochim

Published in print:
2014
Published Online:
May 2015
ISBN:
9780226200545
eISBN:
9780226200712
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226200712.001.0001
Subject:
Education, Educational Policy and Politics

The book focuses on governance of K-12 public schools. Governance – the work of institutions that set the rules under which schools must operate – can protect children and prevent misuse of public ... More


Exercising One's Political Voice as a Moral Engagement

Nicholas Wolterstorff and Terence Cuneo

in Understanding Liberal Democracy: Essays in Political Philosophy

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199558957
eISBN:
9780191744808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558957.003.0007
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

The central thesis in this essay is that the discussions by public reason liberals of the ethic of citizen suffer from a strange kind of myopia; their attention is focused exclusively on just one ... More


Introduction

Andrew Koppelman

in The Tough Luck Constitution and the Assault on Healthcare Reform

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199970025
eISBN:
9780190260187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199970025.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the constitutional challenge to the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which requires almost everyone to purchase health ... More


Liberal Democracy as Equal Political Voice

Nicholas Wolterstorff and Terence Cuneo

in Understanding Liberal Democracy: Essays in Political Philosophy

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199558957
eISBN:
9780191744808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558957.003.0006
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

This essay moves beyond critique of public reason liberalism to propose an alternative interpretation of the governing idea of liberal democracy. At the heart of that idea is a commitment to not ... More


The Louisiana Purchase and the Lewis & Clark Expedition: A Constitutional Moment?

Peter A. Appel

in Lewis & Clark: Legacies, Memories, and New Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780520228399
eISBN:
9780520937147
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520228399.003.0005
Subject:
History, American History: 19th Century

This chapter studies the Louisiana Purchase and its connection to the expedition of Lewis and Clark. It shows that Thomas Jefferson's assumption of broad powers to buy the million-mile landmass was a ... More


Too Much Free Speech?

Randall P. Bezanson

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037115
eISBN:
9780252094224
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037115.001.0001
Subject:
Society and Culture, Media Studies

This book takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. ... More


The Worms and the Octopus: Religious Freedom, Pluralism, and Conservatism

Richard W. Garnett

in American Conservatism: NOMOS LVI

Published in print:
2016
Published Online:
September 2016
ISBN:
9781479812370
eISBN:
9781479852697
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479812370.003.0004
Subject:
Political Science, Political Theory

This chapter focuses on the institutional freedom to be accorded to religious institutions. It proposes that near the heart of anything called conservatism should be an appreciation for the place and ... More


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