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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


The Privileges and Immunities of International Organizations in Domestic Courts

August Reinisch (ed.)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.001.0001
Subject:
Law, Public International Law, Comparative Law

International organizations have increasingly been involved in litigation before domestic courts. In this context, a host of legal issues has become relevant, including the domestic legal personality ... More


Equality

Jeffrey M. Shaman

in Equality and Liberty in the Golden Age of State Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter provides an historical and theoretical overview of the conception of equality in state constitutional law. Equality is a principle that enjoys a long history in state constitutional law. ... More


The Presumption of Liberty: Protecting Rights without Listing Them

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/9780691159737.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a Presumption of Liberty can protect the unenumerable rights retained by the people by shifting the background interpretive presumption of constitutionality whenever ... More


Citizenship, Slavery, and the Constitutional Origins of the Act

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0002
Subject:
Law, Legal History, Human Rights and Immigration

The immediate origins of the 1866 Act lie in the Thirteenth Amendment, but its content goes back to the Privileges and Immunities Clause in the original Constitution. The interpretation of that ... More


The Slaughter-House Cases

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0007
Subject:
Law, Legal History

The Slaughterhouse Cases provided the Court with its first opportunity to interpret the recently ratified Fourteenth Amendment. Although the case did not attract the type of public attention ... More


Final Provisions of the Treaties

David S Berry

in Caribbean Integration Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199670079
eISBN:
9780191749452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670079.003.0005
Subject:
Law, Public International Law, Comparative Law

Chapter 5 examines the legal personalities of both CARICOM and the OECS (international and national). It highlights the treaty-making competences of the two regional organizations and their rights of ... More


The Privileges and Immunities of the United Nations: Stephen Mathias and Nicolas Perez

Stephen Mathias and Nicolas Perez

in Talking International Law: Legal Argumentation Outside the Courtroom

Published in print:
2021
Published Online:
January 2022
ISBN:
9780197588437
eISBN:
9780197588468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197588437.003.0016
Subject:
Law, Constitutional and Administrative Law

The legal argumentation developed by the United Nations in relation to its privileges and immunities is almost exclusively developed outside the courtroom. Drawing examples in relation to the ... More


The U.S. Supreme Court Decisions: “Time Out of Mind”?

Donald W. Rogers

in Workers against the City: The Fight for Free Speech in Hague v. CIO

Published in print:
2020
Published Online:
May 2021
ISBN:
9780252043468
eISBN:
9780252052347
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5622/illinois/9780252043468.003.0006
Subject:
Sociology, Occupations, Professions, and Work

This chapter traces Hague’s appeal through the Third Circuit Court of Appeals into the U.S. Supreme Court under Chief Justice Charles Evans Hughes, showing how the Hughes court’s inner dynamics ... More


In Praise of a Self-Contained Regime: Why the Vienna Convention on Diplomatic Relations Remains Important Today

J Craig Barker

in Diplomatic Law in a New Millennium

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795940
eISBN:
9780191837128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795940.003.0003
Subject:
Law, Public International Law, Private International Law

This chapter is dedicated to the challenges which the VCDR, fifty years into its existence, faces in a world marked by a globalized economy and rapid technological developments. The author reflects ... More


Advancing Civic Preparation through the Federal Courts

Michael A. Rebell

in Flunking Democracy: Schools, Courts, and Civic Participation

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226549781
eISBN:
9780226549958
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226549958.003.0008
Subject:
Education, Educational Policy and Politics

It is important for the federal courts, and, in particular, the U.S. Supreme Court, to promote preparation for civic participation because of the pre-eminent moral and political standing that the ... More


Implying a Federal Constitutional Right to Education

Derek W. Black

in A Federal Right to Education: Fundamental Questions for Our Democracy

Published in print:
2019
Published Online:
September 2020
ISBN:
9781479893287
eISBN:
9781479872770
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479893287.003.0006
Subject:
Law, Philosophy of Law

In this chapter, Derek W. Black surveys the various litigation, judicial, and scholarly theories through which courts might recognize a right to education under the United States Constitution. He ... More


Jurisdictional Immunities of States and International Organizations

Edward Chukwuemeke Okeke

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.001.0001
Subject:
Law, Public International Law, Legal Profession and Ethics

This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with ... More


Nature of International Organizations and Purpose of Their Immunity

Edward Chukwuemeke Okeke

in Jurisdictional Immunities of States and International Organizations

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.003.0006
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter addresses the nature of international organizations and the purpose of their immunity. International organizations are created by their constituent member States to discharge vital ... More


Article 343 TFEU

Marcus Klamert

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.501
Subject:
Law, EU Law

Article 291 EC The Union shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the ... More


“What Do You Women Want?”

Tracy A. Thomas

in Elizabeth Cady Stanton and the Feminist Foundations of Family Law

Published in print:
2016
Published Online:
September 2017
ISBN:
9780814783047
eISBN:
9781479853892
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814783047.003.0002
Subject:
History, History of Ideas

This chapter traces Elizabeth Cady Stanton’s earliest legal advocacy for marital property rights. It discusses Stanton’s deconstruction and critique of coverture, the law of legal disability and ... 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


Internal Adjudication by International Organizations

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0005
Subject:
Law, Public International Law

This chapter considers the nature, remit, and functioning of review mechanisms established by international organizations to address grievances concerning their conduct. Do these mechanisms serve as ... More


Article 130 TFEU

Leo Flynn

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.231
Subject:
Law, EU Law

Article 108 EC When exercising the powers and carrying out the tasks and duties conferred upon them by the Treaties and the Statute of the ESCB and of the ECB, neither the European Central Bank, ... More


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