Search results for: "JURISPRUDENCE" (1477 results)
subjected the Court’s Indian Commerce Clause jurisprudence to a wide-ranging originalist critique. In United States v. Lara, he questioned whether
Criminal Law and Free Speech 194 2. Constructing a First Amendment Jurisprudence 199 B. Regulating Speech Through Criminal Law 203 1. Regulating
of constitutional liberty within the context of broader shifts in contemporary legal culture and jurisprudence. Amanda Shanor is a Ph.D. Candidate in
jurisprudence. Writing for the Court, Justice Scalia announced in Smith that Sherbert’s rule did not apply to neutral and generally applicable laws
of analogical arguments in 1970s constitutional jurisprudence is the subject of Part III. In order to suggest the continuing relevance of this history
for liberals, but that is beyond the scope of this Essay. Being a true “People’s Justice” might require a decisional jurisprudence and an opinion
law’s underlying principles. Professors Ruth Mason and Michael Knoll defend their interpretation of the tax-discrimination jurisprudence of the Court
text, should be dispositive.8 Reacting to the Warren Court’s activist stance, proponents of originalism have demanded that the Court’s jurisprudence be
have written little about early release in international law, largely due to the lack of jurisprudence on the subject. Early release following the
characterize the Roberts Court’s approach to democracy within election law jurisprudence. Its approach has been re- ferred to as ‘neoliberal jurisprudence