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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


Environmental Policy Instruments and Institutions in Developing Countries

López Ramón and Michael A. Toman

in Economic Development and Environmental Sustainability: New Policy Options

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199298006
eISBN:
9780191603877
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199298009.003.0008
Subject:
Economics and Finance, Development, Growth, and Environmental

The failure of public good provision in developing countries implies that many environmental and natural resource allocation problems that have been solved in developed countries, such as water ... More


6. Due Process Exclusion of Eyewitness Identifications

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter explains the Due Process Clause-based exclusion doctrine barring eyewitness identifications produced by unnecessarily suggestive official procedures. This suppression mandate was first ... More


Minimum Standards of Procedural Justice in Administrative Adjudication

Giacinto della Cananea

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Due to globalization, States are increasingly affected by external factors, whilst at the same time influencing the behaviour of individuals and firms, including foreign investors. Their decisions ... More


2. Fifth and Fourteenth Amendment Exclusion of Confessions

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the Due Process Clause and Fifth Amendment Privilege-based doctrine excluding coerced confessions from criminal trials. It traces the history of this evidentiary bar from the ... More


A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Mel A. Topf

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the only comprehensive treatment of the history and controversies, the law and theories, about U.S. state supreme court advisory opinions. This significant but little studied area of ... More


Tradition and Practice

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/9780195377118.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Court's use of tradition and practice in constitutional interpretation. First, it looks at how the Court has relied on longstanding congressional or executive practice ... More


The American Doctrine of Procedural Due Process

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0006
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter discusses the American doctrine of procedural process of law. It begins with a brief outline of the general doctrine of due process. It then examines the threshold requirement that ... More


Domestic Regulations and the GATS

Panagiotis Delimatsis

in International Trade in Services and Domestic Regulations: Necessity, Transparency, and Regulatory Diversity

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199533152
eISBN:
9780191714528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533152.003.0004
Subject:
Law, Public International Law

This chapter untangles the issue of regulatory diversity in services trade. After a review of the rationales behind governmental intervention, it provides a thorough analysis of the GATS provisions ... More


Due Process and Fair Procedures: A Study of Administrative Procedures

D. J. Galligan

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Due process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of ... More


Deferentialism: A Post-Originalist Theory of Legal Interpretation

Scott Soames

in Analytic Philosophy in America: And Other Historical and Contemporary Essays

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691160726
eISBN:
9781400850464
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691160726.003.0015
Subject:
Philosophy, American Philosophy

This chapter begins by articulating the principles underlying the two key dimensions of a new, deferentialist, theory of legal interpretation—the identification of original asserted or stipulated ... More


Methodology in State Constitutional Rights Interpretation

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into ... More


Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law

Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter discusses fair and equitable treatment as one of the core concepts of international investment protection. It suggests that the jurisprudence of investment tribunals on fair and ... More


The Common Thread: Diversion in Juvenile Justice

Franklin E. Zimring

in American Juvenile Justice

Published in print:
2005
Published Online:
May 2012
ISBN:
9780195181166
eISBN:
9780199943302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195181166.003.0019
Subject:
Sociology, Law, Crime and Deviance

Two justifications existed from the start for creating a juvenile court, referred to as the interventionist and diversionary justifications for a separate children's court. The diversionary ... More


Public-Private Partnerships: Award, Performance, and Remedies

Catherine Donnelly

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0015
Subject:
Law, Constitutional and Administrative Law, Public International Law

Relying on a comparison of the United Kingdom, the United, the EU, and France, this chapter considers whether, and to what extent, there are common approaches in the policies and practices across ... More


The Rights of the Accused

Amy E. Lerman

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0003
Subject:
Political Science, American Politics

In determining what protections to accord those accused of criminal activity, the Supreme Court has tried to balance the Constitution's protection of individual liberties and the state's need to ... More


The Public Image of Miranda and Why It Is Incomplete

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.001
Subject:
Psychology, Forensic Psychology

Two recent Supreme Court decisions are examined in depth to illustrate the inconsistencies and other problems in the current application of the Miranda ruling. Conflicting values of due process and ... More


Lessons in Legal and Judicial Ethics From Schiavo: The Special Responsibilities of Lawyers and Judges in Cases Involving Persons with Severe Cognitive Disabilities

Robert A. Destro

in The Criminal Justice System and Health Care

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199228294
eISBN:
9780191711343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228294.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter provides an analysis of the legal sanctioning of the termination of medical treatment in the US case of Schiavo. The author's role as, inter alia, co-counsel for Mrs Schiavo's parents ... More


High-Stakes Testing Litigation

Benjamin Michael Superfine

in The Courts and Standards-Based Education Reform

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337488
eISBN:
9780199868667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337488.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the law governing high-stakes testing in four major areas: intentional discrimination, preservation of the effects of prior segregation, disparate impact, and due process. It ... 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


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