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Conservatives and the Courts

Michael Greve

in Crisis of Conservatism?: The Republican Party, the Conservative Movement, and American Politics After Bush

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199764013
eISBN:
9780199897186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199764013.003.0011
Subject:
Political Science, American Politics

This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability ... More


Literal Meaning, the Dictionary and the Law

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0006
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter looks more closely at some issues and trends in legal interpretation and legal decision making, against a background of debates in the United States in particular between originalism, ... More


Deferentialism, Living Originalism, and the Constitution

Scott Soames

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/9780226445168.003.0009
Subject:
Law, Constitutional and Administrative Law

In this chapter, the author compares two recent versions of originalism – his own, which he calls “Deferentialism” and Jack Balkin’s Living Originalism. After beginning with a brief summary of the ... More


Constitutional Interpretation

Mark A. Graber

in A New Introduction to American Constitutionalism

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199943883
eISBN:
9780199369799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199943883.003.0004
Subject:
Law, Constitutional and Administrative Law

The processes by which constitutional meanings are determined raise normative and empirical questions. The normative questions are about the best methods for ascertaining the meaning of ... 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


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