[图书][B] The ant trap: Rebuilding the foundations of the social sciences

B Epstein - 2015 - books.google.com
We live in a world of crowds and corporations, artworks and artifacts, legislatures and
languages, money and markets. These are all social objects-they are made, at least in part …

The Writ-of-Erasure Fallacy

JF Mitchell - Virginia Law Review, 2018 - JSTOR
The power of judicial review is all too often regarded as something akin to an executive veto.
When a court declares a statute unconstitutional or enjoins its enforcement, the disapproved …

Why do countries adopt constitutional review?

T Ginsburg, M Versteeg - The Journal of Law, Economics, & …, 2014 - academic.oup.com
In recent decades, there has been a wide-ranging global movement towards constitutional
review. This development poses important puzzles of political economy: Why would self …

The death of rules and standards

AJ Casey, A Niblett - Ind. LJ, 2016 - HeinOnline
Imagine a world where lawmakers enact a catalog of precisely tailored laws, specifying the
exact behavior that is permitted in every situation. The lawmakers have enough information …

Judicial independence in international tribunals

EA Posner, JC Yoo - Calif. L. Rev., 2005 - HeinOnline
Some international tribunals, such as the Iran-US claims tribunal and the trade-dispute
panels set up under GATT, are" dependent" in the sense that the judges are appointed by …

The Interpretive Force of the Constitution's Secret Drafting History

V Kesavan, MS Paulsen - Geo. Lj, 2002 - HeinOnline
Originalism is a theory working itself pure. And it still has a ways to go: One of the kinks not
quite worked out in originalism as a theory of constitutional interpretation is the weight, if …

Original methods originalism: a new theory of interpretation and the case against construction

JO McGinnis, MB Rappaport - Nw. UL Rev., 2009 - HeinOnline
In this Article, we defend an interpretive approach that we call" original methods originalism."
Under this approach, the Constitution should be interpreted using the interpretive methods …

Contramajoritário, Representativo e Iluminista: Os papeis dos tribunais constitucionais nas democracias contemporâneas

LR Barroso - Revista Direito e Práxis, 2018 - e-publicacoes.uerj.br
O presente trabalho tem por propósito principal discutir os papeis das supremas cortes e
tribunais constitucionais nas democracias contemporâneas. Procura demonstrar que essas …

[图书][B] The will of the people: how public opinion has influenced the Supreme Court and shaped the meaning of the Constitution

B Friedman - 2009 - books.google.com
In recent years, the justices of the Supreme Court have ruled definitively on such issues as
abortion, school prayer, and military tribunals in the war on terror. They decided one of …

Dream On: The Obama Administration's Nonenforcement of Immigration Laws, the DREAM Act, and the Take Care Clause

RJ Delahunty, JC Yoo - Tex. L. Rev., 2012 - HeinOnline
As a candidate in the 2008 presidential election race, Barack Obama vigorously denounced
the Bush Administration for what he argued were extreme and indefensible assertions of …