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Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. The ... More


Ethical Argument

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the use of ethical argument by the Court. It examines the arguable employment of such methodology under the Cruel and Unusual Punishment Clause of the Eighth Amendment focusing ... More


Regulatory Rights

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the reach of rational instrumentalism in the Supreme Court's development of substantive rights in order to explain and appreciate how thoroughly instrumentalism predominates. ... More


The Rule of Law: The Lessons of Due Process

Carl E. Schneider

in The Censor's Hand: The Misregulation of Human-Subject Research

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028912
eISBN:
9780262328784
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028912.003.0005
Subject:
Biology, Bioethics

Good decisions come from good law. For government agencies, that means due process: good regulations and good procedures. The IRB regulations address so few issues that IRBs are relegated to ... More


The Warren Court and Its Critics 1962–1969

in The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0004
Subject:
Political Science, American Politics

During 1960, the Warren Court's abandonment of restraint in the reapportionment context was one of a dramatic series of doctrinal innovations expanding the scope of constitutional rights. Harlan's ... More


Federalism and Choice of Law

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0002
Subject:
Law, Comparative Law, Private International Law

This chapter discusses the federal framework and the impact of the U.S. Constitution on choice of law. It examines the allocation of lawmaking powers between the federal and state governments and the ... More


‘Deserve’s got [everything] to do with it’: property, process, and justice in Unforgiven

Justin A. Joyce

in Gunslinging justice: The American culture of gun violence in Westerns and the law

Published in print:
2018
Published Online:
May 2019
ISBN:
9781526126160
eISBN:
9781526138743
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526126160.003.0007
Subject:
Film, Television and Radio, Film

This chapter presents a reading of Unforgiven (1992), situating this film within a paradigmatic shift in the extension of due process protections for minorities, and the transformation of American ... More


Criminal Procedure

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment privilege ... More


Deferentialism and Adjudication

Gideon Rosen

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0010
Subject:
Law, Constitutional and Administrative Law

The author argues that Deferentialism offers a distinctive form of judicial restraint. In normal adjudication, the deferentialist judge seeks to apply the law made by the legislature, the content of ... More


Conventional crime methods

Joe McGrath

in Corporate and white-collar crime in Ireland: A new architecture of regulatory enforcement

Published in print:
2015
Published Online:
January 2016
ISBN:
9780719090660
eISBN:
9781781708378
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719090660.003.0004
Subject:
Sociology, Law, Crime and Deviance

The third chapter explores how the social and political inertia documented in Chapter 2 impacted on policy choices in addressing corporate crime. It is shown that addressing corporate wrongdoing by a ... More


Administrative Justice Fin de siècle: Early Judicial Standards of Administrative Conduct in Europe (1890-1910)

Giacinto della Cananea and Stefano Mannoni (eds)

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198867562
eISBN:
9780191904332
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867562.001.0001
Subject:
Law, Constitutional and Administrative Law

This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works ... More


From the Ideology of the Township to the Gospel of Germs

Werner Troesken

in The Pox of Liberty: How the Constitution Left Americans Rich, Free, and Prone to Infection

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226922171
eISBN:
9780226922195
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226922195.003.0002
Subject:
History, Economic History

This chapter describes how the evolution of three ideologies simultaneously influenced economic development and the provision of public health in American history. The first of these was the ideology ... More


Making Waves: Schooling and Disability, Sexual Orientation, Religion, and Economic Class

Martha Minow

in In Brown's Wake: Legacies of America's Educational Landmark

Published in print:
2010
Published Online:
November 2020
ISBN:
9780195171525
eISBN:
9780197565643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195171525.003.0007
Subject:
Education, History of Education

The historic treatment of students with disabilities in many ways resembles racial segregation in schools. Brown’s influence in this field is clear but complicated. Also complicated are debates ... More


Not Isolating Isolation

Judith Resnik

in Solitary Confinement: Effects, Practices, and Pathways toward Reform

Published in print:
2019
Published Online:
December 2019
ISBN:
9780190947927
eISBN:
9780190947934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190947927.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter explores the distinctive features of solitary confinement and the ways in which isolation is endemic in the structure of U.S. prisons. It analyze the expansion of solitary confinement, ... More


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