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Legality's Borders: An Essay in General Jurisprudence

Keith Culver and Michael Giudice

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.001.0001
Subject:
Law, Philosophy of Law

Analytical legal theories are increasingly sophisticated, yet their development is uneven. While admirably adapted to explaining the unitary law-state, they are poorly suited to characterizing new ... More


Globalization of Freedom of Contract

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0009
Subject:
Political Science, Comparative Politics

The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ... More


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


Equality and Liberty in the Golden Age of State Constitutional Law

Jeffrey M. Shaman

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of the New Judicial Federalism has allowed many ... More


The Proper Scope of State Power: Construing the “Police Power”

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/9780691159737.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of state laws under what is known as the “police powers” of the states. Unlike the enumerated powers of Congress, the powers of states are unwritten. This makes ... More


The Racial Origins of Felon Disenfranchisement

Jeff Manza, Christopher Uggen, and Angela Behrens

in Locked Out: Felon Disenfranchisement and American Democracy

Published in print:
2006
Published Online:
May 2012
ISBN:
9780195149326
eISBN:
9780199943975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195149326.003.0012
Subject:
Sociology, Law, Crime and Deviance

This chapter develops a broad historical overview, subjecting race-based theories about the adoption and development of felon disenfranchisement laws to scrutiny. It develops a systematic ... More


An inter-institutional theory

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.004
Subject:
Law, Philosophy of Law

This chapter presents the elements of an “inter-institutional theory” of legality. It argues that the elements of legality can combine in different ways and at varying levels of intensity, which ... More


Gender, Protection, and the Courts, 1895–1907

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0003
Subject:
History, American History: 20th Century

This chapter discusses how the courts shaped protective policy from the 1890s to 1907. During this period, state and federal courts began a legal conversation about state protective laws. In court, ... More


Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Anne van Aaken

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/9780199589104.003.0023
Subject:
Law, Constitutional and Administrative Law, Public International Law

International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state ... More


Introduction

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/9780195343083.003.0099
Subject:
Law, Constitutional and Administrative Law

This introductory chapter surveys the rise in importance of state constitutional law, the evolving recognition of state constitutions by scholars, lawyers, and judges, and the importance of the book ... More


Church property continued: The Diocese and Parish; Canon Law and State Law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0006
Subject:
Law, Philosophy of Law

This chapter addresses several specific issues in light of the theories of property discussed in Chapter 4. First, it examines the theological and canonical relationship between the diocese and the ... More


Peremptory Norms and State Immunity

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0011
Subject:
Law, Public International Law

This chapter deals with the impact of jus cogens on State immunity. It begins by examining the scope of State immunity, then addresses sources of law to establish whether State immunity is really ... More


Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Andrew Koppelman

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300113402
eISBN:
9780300135138
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113402.001.0001
Subject:
Political Science, American Politics

Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from ... More


Introduction: The Grey Goose

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0001
Subject:
Law, Philosophy of Law

The term ‘law’ is usually taken to refer to forms of what is typically called ‘state law’ or ‘positive law’, including constitutional law, enacted legislation, law arising from or associated with the ... More


Introduction

Geoffrey Blest

in War and Law since 1945

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206996
eISBN:
9780191677427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206996.003.0001
Subject:
History, Military History

This chapter offers a sketch of the history of the branch of international law from the earliest days until the first half of the present century. It presents evidence about the possibility of law ... More


Federal and State Legislation on Truancy

Evelyn Campbell, M.S.W.

in Truancy Prevention and Intervention: A Practical Guide

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195398496
eISBN:
9780199777402
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195398496.003.0002
Subject:
Social Work, Children and Families

This chapter reviews recent policies on truancy data and gives a summary of how each state defines truancy. It also illustrates the importance of school social workers' understanding policies ... More


Introduction

Lars Vinx

in Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter situates Kelsen's Pure Theory in the context of contemporary legal positivism. The Pure Theory is typically considered to be a forerunner of purely descriptive legal ... More


Reparations in the Law of State Responsibility

DINAH SHELTON

in Remedies in International Human Rights Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.003.0004
Subject:
Law, Human Rights and Immigration

Prior to the development of international human rights law, violations of international law were met with responses under the law of state responsibility. This traditional body of law, particularly ... More


The Scope, Sources, and Systems of Religion Law

Norman Doe

in Law and Religion in Europe: A Comparative Introduction

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199604005
eISBN:
9780191729331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604005.003.0002
Subject:
Law, EU Law, Comparative Law

This chapter identifies the sources of law and other regulatory instruments used by States to regulate religion at both the constitutional and the sub-constitutional level as well as the religious ... More


Juridical Pluralism and the Risk of Constitutional Conflict

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0007
Subject:
Law, EU Law

The interlocking of legal systems in various countries, with mutual recognition of each other's validity, but with different grounds for that recognition, has profound and potentially dangerous ... More


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