Search results for: "JURISPRUDENCE" (1477 results)
law. Parental rights have long been a cornerstone of the Court’s substantive due process jurisprudence, protecting parents’ authority “to direct the
Anglo Saxon jurisprudence.” Charles A. Beard & Mary R. Beard, The Rise of American Civilization 100 (1927). Wendell Phillips, for example, condemned the
Court’s decision in Rice v. Cayetano, it argues that the Court’s race jurisprudence threatens Indigenous self-determination and land rights in the
internally contradictory, and has the potential to alter ICTR jurisprudence, and perhaps the totality of international criminal procedure, for the worse. In
protect that minority. In its constitutional law jurisprudence, the Supreme Court should recognize and act on that fundamental truth. Kevin R. Johnson is
jurisprudence threatens Indigenous self-determination and land rights in the territories. It concludes by offering several strategies that litigants can use
finality jurisprudence and arguments for and against the court’s adopted rule. Part III proposes an alternative rule and explains its advantages. I
authority.” RAZ, supra note 64, at 137; cf. Kevin Toh, Some Moving Parts of Jurisprudence, 88 TEX. L. REV. 1283, 1303 n.80 (2010) (reviewing RAZ
family-law canon of this relic of coverture. In applying modern constitutional jurisprudence to fundamental rights related to marriage, courts should
individual rights.” Robert Post, Reconciling Theory and Doctrine in First Amendment Jurisprudence, 88 CALIF. L. REV. 2353, 2367 (2000). Similarly, for