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Losing Twice: Harms of Indifference in the Supreme Court

Emily M. Calhoun

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.001.0001
Subject:
Law, Constitutional and Administrative Law

Constitutional “losers” represent a thorny and longstanding problem in American constitutional law. Given the adversarial system in the United States, the way that rights cases are decided means that ... More


The Supreme Sovereignty of the State: A Genealogy of Police in American Constitutional Law, from the Founding Era to Lochner

Christopher Tomlins (ed.)

in Police and the Liberal State

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804759328
eISBN:
9780804779777
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804759328.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter attempts to create a genealogy of the police in its relationship to American constitutional law. It argues that the police is manifested in state and federal juridical discourse both as ... More


1808–1809: A Forgotten Crossroads in Constitutional History

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0012
Subject:
Law, Constitutional and Administrative Law

The twelve-month period beginning in May 1808 was one of the most important in the entire history of American constitutional law. Three men made decisions, in each case a personally difficult ... More


Introduction: Losing Twice in Constitutional Rights Disputes

Emily M. Calhoun

in Losing Twice: Harms of Indifference in the Supreme Court

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195399745
eISBN:
9780199894444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399745.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter sets out the focus of the book, namely justices' obligations to constitutional losers. The goal is to engage ordinary citizens, as well as members of the legal profession, ... More


Competing Conceptions of Equality

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines competing conceptions of equality in American constitutional law. It begins with an overview of the case of four white members of Duke University's lacrosse team who were ... More


6 Competing Conceptions of Equality

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines competing conceptions of equality in American constitutional law. It begins with an overview of the case of four white members of Duke University's lacrosse team who were ... More


Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

J. Harvie Wilkinson

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.001.0001
Subject:
Law, Constitutional and Administrative Law

American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms ... More


Rights and Privileges

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the distinction between rights and privileges in American constitutional law and how it continues to exert a strong intuitive appeal on higher education. It first considers the ... More


4 Rights and Privileges

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the distinction between rights and privileges in American constitutional law and how it continues to exert a strong intuitive appeal on higher education. It first considers the ... More


Living Constitutionalism: Activism Unleashed

J. Harvie Wilkinson

in Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes Justice William J. Brennan's theory of living constitutionalism. Brennan believed that the evolution of textual meaning is not only possible but desirable. He emphatically ... More


Originalism: Activism Masquerading as Restraint

J. Harvie Wilkinson

in Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes Judge Robert Bork's theory of originalism. It argues that originalism, despite its importance in constitutional adjudication, suffers from that all-too-common infirmity of ... More


A Constitutional Right to Use Thought-Enhancing Technology

Marc Jonathan Blitz

in Cognitive Enhancement: Ethical and Policy Implications in International Perspectives

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199396818
eISBN:
9780199396825
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199396818.003.0018
Subject:
Philosophy, General, Moral Philosophy

Free speech law allows us to enhance our thinking with language and various forms of artistic expression. We might, for example, enhance our memories with note taking or enhance our mental operations ... More


Political Process Theory: A Third Way Down the Rabbit Hole

J. Harvie Wilkinson

in Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the theory of John Hart Ely. Starting from the premise that the debate between living constitutionalism and originalism rests on a “false dichotomy,” Ely offers the seductive ... More


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