For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is ...
The United States Constitution remains one of the highest protections of individual freedoms; however, these rights remain frequently ignored, eroded, or denied despite protections for current and ...
I recently read Judge Jeffrey Sutton's excellent new book, 51 Imperfect Solutions: States and the Making of American Constitutional Law. As readers may know, the book argues for a rejuvenation of ...
In 1949, Supreme Court Justice Robert H. Jackson warned against a dogmatic or inflexible interpretation of constitutional principles. Dissenting from a majority court opinion he believed failed to bal ...
AbstractConstitutional and statutory torts in India emerged as responses to the inadequacy of traditional private law ...
The Hollow Core of Constitutional Theory: Why We Need the Framers, by Donald L. Drakeman (Cambridge University Press, 248 pp., $32) Donald L. Drakeman’s 2020 book, The Hollow Core of Constitutional ...
Similarly, omitting “socialist” may not erase the Directive Principles that form the Constitution’s moral compass. But it ...
Whenever former Attorney General Edwin Meese says something about the conservative legal movement in the United States, it is time to sit up and listen. One reason is that Meese, who served as ...
The immediate reactions to Dr. Ben Carson's fallacious view that Muslims can't respect America's Constitution have dissipated — but the invidious suspicion that he might be right lives on in the ...
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