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The Wandering Doctrine of Constitutional Fact

Redish, Martin H. - 2016

Persistent link: https://www.econbiz.de/10012985436

Testing Tradition in Tonga : Approaches to Constitutional Change

2009

The Constitution of Tonga, 132 years old in 2007 -- indeed one of the world's oldest extant constitutions -- has …

Persistent link: https://www.econbiz.de/10012764752

Laicism : idolatry trap or constitutional nihilism

Alnasir, Samer - 2022

constitution, or the act of 1905, it’s not what it appear, and mostly known in the french literature, this article is to reject all … questions of how the idea of laicism has been reversed into the interwar period thus to the 1958 constitution to be developed in …

Persistent link: https://www.econbiz.de/10013297769

Substitute Arguments in Constitutional Law

Seidman, Louis Michael - 2015

In this article, I argue that that substitution is crucial to our practice of constitutional law. Of course, if one wished, one could easily extend the domain of substitution beyond these boundaries. Substitute arguments are an important aspect of law more generally and, indeed, of life. I have...

Persistent link: https://www.econbiz.de/10013019329

The Constitutional Structure of Disestablishment

Bartrum, Ian C. - 2007

inference from the structure and relationships created by the Constitution." The article takes a structural approach to the …

Persistent link: https://www.econbiz.de/10014051724

Self-Coup and the Constitution

Hemel, Daniel J. - 2023

A “self-coup”—or “autogolpe”—is the sudden seizure of power by a President or other chief executive in contravention of a nation’s laws. Although the term “self-coup” is relatively new, the phenomenon was familiar to the Framers, who made references at the Constitutional...

Persistent link: https://www.econbiz.de/10014357832

The Neo-Liberal Bias of the EU Constitutional Order : A Critical Analysis, in Research Handbook on the Politics of Constitutional Law (Mark Tushnet, Dimitry Kochenov eds.), Edward Elgar forthcoming

Bugaric, Bojan - 2023

The EU ‘economic constitution’ systematically biases EU policy making in a neo-liberal direction. Historically speaking … EU economic constitution are significant, we should avoid the naturalization of the EU project. Instead of looking only … European progressives, while in power, failed to leave their lasting and distinct imprint on the EU economic constitution …

Persistent link: https://www.econbiz.de/10014261413

Commandeering and Constitutional Change

Campbell, Jud - 2013

Coming in the midst of the Rehnquist Court's federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority's discussion of historical evidence,...

Persistent link: https://www.econbiz.de/10013091514

Patenting Human Evolution

Torrance, Andrew W. - 2008

Patent protection for genetic enhancements would tend to spur genetic innovation, but would tend to limit access to those genetic enhancements through discriminatory mechanisms such as price and favoritism. The patent system would likely ensure high rates of genetic enhancement innovation,...

Persistent link: https://www.econbiz.de/10014212948

Neurobiology and Patenting Thought

Torrance, Andrew W. - 2014

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

Persistent link: https://www.econbiz.de/10013070323