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Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory

James R. Hackney

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814737071
eISBN:
9780814745434
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737071.001.0001
Subject:
Law, Legal History

This book invites readers to enter the minds of ten legal experts that in the late 20th century changed the way we understand and use theory in law today. The author spent hours in conversation with ... More


The Role of Constitutional Theory in the Cycle of Regimes

Jack M. Balkin

in The Cycles of Constitutional Time

Published in print:
2020
Published Online:
September 2020
ISBN:
9780197530993
eISBN:
9780197531020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197530993.003.0008
Subject:
Law, Constitutional and Administrative Law

Constitutional theories such as originalism and living constitutionalism evolve to reflect the changing attitudes of partisans and legal intellectuals in political time. They also develop to reflect ... More


How the Rise and Fall of Regimes Affects Judicial Review

Jack M. Balkin

in The Cycles of Constitutional Time

Published in print:
2020
Published Online:
September 2020
ISBN:
9780197530993
eISBN:
9780197531020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197530993.003.0007
Subject:
Law, Constitutional and Administrative Law

The rise and fall of regimes shapes partisan attitudes about judicial review. How people feel about judicial activism and judicial restraint depends on where they are in political time, and which ... More


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