Search results for: "JURISPRUDENCE" (1477 results)
Cranch) 137, 177 (1803)). 10. Id. at 519 (second alteration in original). 11. The Rehnquist Court’s new jurisprudence of Section 5 has led it to strike
Consequently, this Note provides an original, searching review of the jurisprudence of RUDs in U.S. and international courts. It finds that U.S. courts and
how this theoretical dispute plays out in the Supreme Court’s campaign finance jurisprudence. Beginning with Buckley’s famous rejection of equality
developed “a distinctive brand of conservative jurisprudence that is infused with black nationalism”). 20. THOMAS, supra note 14, at 106-107; THOMAS SOWELL
“substantially advances” portion of Agins is “not a takings[] test, and . . . it has no proper place in our takings jurisprudence.”22 The demise of the
24 It is not, however, the version of federalism that informed the adoption of the U.S. Constitution and that continues to inform the jurisprudence
Eighth Amendment case law, or contain other elements of the structured “proportionality review” widely used in foreign constitutional jurisprudence
others seems perfectly arbitrary. Unfortunately, the problem of framing transactions is in no way unique to takings jurisprudence. In virtually every
Suppression ......................................................................... 1296 † John A. Garver Professor of Jurisprudence, Yale Law School
the Court’s doctrinal approach is also routinely criticized as an “I know it when I see it” jurisprudence that is ill equipped to safeguard civil