Search Results - "Jamal Greene"

THE ANTICANON by Greene, Jamal

“…Argument from the "anticanon," the set of cases whose central propositions all legitimate decisions must refute, has become a persistent but curious feature of…”
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THE AGE OF SCALIA by Greene, Jamal

“…During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest quite…”
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RULE ORIGINALISM by Greene, Jamal

“…Constitutional rules are norms whose application depends on an interpreter's identification of a set of facts rather than on her exercise of practical…”
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THE SUPREME COURT AS A CONSTITUTIONAL COURT by Greene, Jamal

“…Political institutions are always works in progress. Their practical duties and aims as instruments of governance may not always match their constitutional…”
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PATHETIC ARGUMENT IN CONSTITUTIONAL LAW by Greene, Jamal

“…Pathetic argument, or argument based on pathos, persuades by appealing to the emotions of the reader or listener. In Aristotle's classic treatment, it exists…”
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THIRTEENTH AMENDMENT OPTIMISM by Greene, Jamal

“…Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrinal outcomes neither specifically intended by the…”
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The rule of law as a law of standards by Greene, Jamal

“…It is clear to me that as a general matter, Justice Stevens is much more a Jstice of standards than a Justice of rules…”
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Constitutional rights in South Asia: Introduction by Greene, Jamal, Khosla, Madhav

“…Over the past three decades, there have been major developments in the study of comparative constitutional law. From contributions on the importance and method…”
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PROFILING ORIGINALISM by Greene, Jamal, Persily, Nathaniel, Ansolabehere, Stephen

“…Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion…”
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FOREWORD: RIGHTS AS TRUMPS? by Greene, Jamal

“…Greene discusses in his foreword in the constitutional law that rights are absolute but for the exceptional circumstances in which they may be limited under…”
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Judging Partisan Gerrymanders under the Elections Clause by Greene, Jamal

“…The Supreme Court has consistently decried the lack of standards for adjudicating partisan gerrymandering claims, most recently in last Term's Vieth v…”
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Rights as trumps? by Jamal Greene

“…Rights are more than mere interests, but they are not absolute. And so two competing frames have emerged for adjudicating conflicts over rights. Under the…”
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Divorcing Marriage from Procreation by Greene, Jamal

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Selling Originalism by Greene, Jamal

“…Originalism is the belief that the United States Constitution should be interpreted in the way the authors originally intended it. It is not only instrumental…”
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THE AGE OF SCALIA/A FOOL FOR THE ORIGINAL CONSTITUTION by Greene, Jamal

“…The positive claim that Justice Antonin Scalia dramatically changed American law must be defended. Within the limited but significant domain of constitutional…”
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CONSTITUTIONAL MORAL HAZARD AND CAMPUS SPEECH by Greene, Jamal

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On the Origins of Originalism by Greene, Jamal

“…For all its proponents' claims of its necessity as a means of constraining judges, originalism is remarkably unpopular outside the United States. Recommended…”
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A Private Law Court in A Public Law System by Greene, Jamal

“…The U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing…”
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A NONORIGINALISM FOR ORIGINALISTS by Greene, Jamal

“…[...]of Cruz's birth, his mother was a U.S. citizen and his father a Canadian resident and Cuban expatriate.12 Under a federal statute in effect at the time,…”
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Pathetic argument in constitutional law by Greene, Jamal

“…Pathetic argument, or argument based on pathos, persuades by appealing to the emotions of the reader or listener. In Aristotle's classic treatment, it exists…”
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