Browsing Harvard Law School by Title
Now showing items 366-385 of 2408
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Constitutional Fidelity/Democratic Agency
(Fordham Law Review, 1997) -
Constitutional Hardball
(2004)This Essay develops the idea that there is a practice called constitutional hardball. The practice has three characteristics: it involves arguments and behavior by political actors (including judges, although their role ... -
The Constitutional Imaginary: Just Stories About We the People
(University of Maryland, 2012) -
The Constitutional Inevitability of Same-Sex Marriage
(University of Maryland, 2012) -
Constitutional Lawyering in the 21st Century
(Students at Brooklyn Law School, 2001) -
Constitutional Myth-Making: Lessons from the Dred Scott Case
(University of Chicago Law School, 2014-09-26) -
Constitutional Personae
(2013)American constitutional law is dominated by four Constitutional Personae, who can be identified by their inclinations, their temperaments, their sensibilities, and their self-presentations. Indeed, many constitutional ... -
Constitutional Politics and Text in the New Iraq: An Experiment in Islamic Democracy
(Fordham Law Review, 2006) -
Constitutional Showdowns
(University of Pennsylvania, 2008) -
Constitutional Workarounds
(University of Texas Law School, 2009)This Essay, forthcoming in the Texas Law Review, examines constitutional workarounds, which arise (a) when there is significant political pressure to accomplish some goal, but (b) some parts of the Constitution's text seems ... -
Constitutionalism and Secession
(University of Chicago Press, 1991)The Soviet Constitution guarantees a right to secede. The American Constitution does not. Although some secessionists in the American South, invoking state sovereignty, claimed to find an implicit right to secede in the ... -
Constitutions as "Living Trees?" Comparative Constitutional Law and Interpretive Metaphors
(Fordham Law Review, 2006) -
Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests
(2014-09-17)Increased interactions among peoples and states combined with the growth of written constitutions are creating new opportunities for “extra-territorial” forms of constitutional interpretation, that is, the interpretation ... -
Consumer Bankruptcy and Financial Health
(2015)This paper estimates the effect of Chapter 13 bankruptcy protection on post-filing financial outcomes using a new dataset linking bankruptcy filings to credit bureau records. Our empirical strategy uses the leniency of ... -
Consumerism, Conformity, and Uncritical Thinking in America
(2000)America is on a perilous course. The outlines of a pending crisis are slowly starting to emerge. But the present crisis is different from those that have come before it. Its imminence is not foretold by riots, protests, ... -
Contact Lens (Mis)Labeling as Misbranding and Overwarning
(1996)One of the most important functions of the Food and Drug Administration (FDA) is the administration of labeling requirements promulgated pursuant to the Federal Food, Drug, and Cosmetic Act (FDCA). This function is especially ... -
Contemporary Legal Transplants - Legal Families and the Diffusion of (Corporate) Law
(Brigham Young University Law Review, 2010)This paper empirically documents the continued importance of the legal families for the diffusion of formal legal materials from the core to the periphery in post-colonial times. This raises the possibility that substantive ... -
Contesting the Character of the Political Economy in the Early Republic: Rights and Remedies in Chisholm v. Georgia
(Reprinted with permission by Ohio University Press, 2002)The U.S. Constitution left it notoriously ambiguous whether individuals could sue sovereign states for breach of contract in federal court. Within a few years, the issue had produced a constitutional crisis, famously acted ... -
A Contextual Introduction to Islamic Food Restrictions
(1998)This paper seeks to explain the dietary regulations that govern Muslims, introduce various theories that may explain the development of these restrictions, and finally, to introduce various food issues concerning the ... -
A Continuing Controversy: Labeling Requirements on Irradiated Foods
(1994)For the average American. the words "radiation" and "irradiation" are apt to conjure up images of nuclear weapons. radioactive waste, x-rays. and other unpleasant materials associated with health dangers. Yet these words ...