On Constitutional Ground /
John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racia...
Autor principal: | |
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Formato: | Electrónico eBook |
Idioma: | Inglés |
Publicado: |
Princeton, N.J. :
Princeton University Press,
1996.
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Colección: | Book collections on Project MUSE.
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Temas: | |
Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Machine generated contents note: 1. General Theory
- Chief (1974)
- Excerpt from Another Such Victory: Constitutional Theory and Practice in a World Where Courts Are No Different from Legislatures (1991)
- Democracy and Judicial Review (1982)
- On Protecting Fundamental Interests and Powerless Minorities under the United States and Canadian Constitutions (1986)
- Rule of Clear Mistake: "A Great and Stately Jurisdiction"? (1993)
- 2. Federalism
- Remarks at American-German Bicentennial Symposium on Constitutional Law (1976)
- Excerpt from The Limits of Logic: Syntactic Ambiguity in Article I of the U.S. Constitution (1963)
- Excerpt from The Irrepressible Myth of Erie (1974)
- Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970)
- Irrepressible Myth of Erie (1974)
- Choice of Law and the State's Interest in Protecting Its Own (1981)
- Another Spin on Allegheny Pittsburgh (1990)
- 3. Separation of Powers
- United States v. Lovett: Litigating the Separation of Powers (1975)
- Bounds of Legislative Specification: A Suggested Approach to the Bill of Attainder Clause (1962)
- Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970)
- Memorandum to Special Prosecutor Archibald Cox on the Legality of Calling President Nixon before a Grand Jury (1973)
- Letter to The New York (1973)
- Letter to The New York Times (1994)
- Whose War Is It, Anyway? The Gulf and the War Powers Act (1988)
- Perspective on the Persian Gulf: "War by Default" Isn't the Law (1990)
- Clinton, Congress, and War (1993)
- Now Bosnia (1994)
- 4. Freedom of Expression
- Trial by Newspaper and Its Cures (1967)
- Flag Desecration: A Case Study in the Roles of Categorization and Balancing in First Amendment Analysis (1975)
- 5. Religion Freedom
- Memorandum to Chief Justice Warren Concerning United States v. Seeger (1965)
- Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970)
- Letter to The New York Times (1984)
- 6. Criminal Procedure
- Excerpts from Memoranda to Abe Fortas Concerning Gideon v. Wainwright (1962)
- Remarks at American University Conference Marking the Thirtieth Anniversary of Gideon v. Wainwright (1993)
- Letter to Anthony Lewis (1990)
- Harris v. New York: Some Anxious Observations on the Candor and Logic of the Emerging Nixon Majority (1971) / John Hart Ely / Alan M. Dershowitz
- Proposed "Good Faith" Exception to the Exclusionary Rule (1983)
- Sure Money Talks, but That's Precisely the Reason We Need the Reasonable Doubt Standard (1995)
- Letter to Stanford Campus Report (1991)
- Memorandum to Other Members of Yale University Police Advisory Board (1971)
- What Counts as Liberal? Some Observations on French Criminal Procedure and the "Projet Peyrefitte" (1980)
- 7. Racial Discrimination
- Excerpts from Legislative and Administrative Motivation in Constitutional Law (1970)
- School Desegregation: A Sense of Deja Vu (1977)
- Excerpt from Professor Dworkin's External/Personal Preference Distinction (1983)
- Constitutionality of Reverse Racial Discrimination (1974)
- Excerpt from Legislative and Administrative Motivation in Constitutional Law (1970)
- 8. "Substantive Due Process"
- Memorandum to Chief Justice Warren Concerning Griswold v. Connecticut (1965)
- Wages of Crying Wolf: A Comment on Roe v. Wade (1973)
- Excerpts from Testimony on S.J. Res. 119 and 130 before the Senate Judiciary Committee, Subcommittee on Constitutional Amendments (1974)
- Let There Be Life (1981) / John Hart Ely / Laurence H. Tribe
- Abortion for the Rich (1977)
- Letter to Justices Kennedy, O'Connor and Souter Concerning Planned Parenthood v. Casey (1992)
- Democracy and the Right to Be Different (1981)
- Excerpt from Professor Dworkin's External/Personal Preference Distinction (1983)
- 9. Candor
- Letter to Attorney General Levi (1975)
- About the Evidence (1975)
- Draft Letter to "the Media" Concerning the Warren Commission (1992)
- On Living Lies for Professional Reasons (1992)
- Letter to The New York Times (1988)
- Letter to The New York Times (1989)
- Another Such Victory: Constitutional Theory and Practice in a World Where Courts Are No Different from Legislatutes (1991)
- Author's Comment on Legislative and Administrative Motivation in Constitutional Law and The Wages of Crying Wolf: A Comment on Roe v. Wade (1991)
- Excerpt from On Constitutional Nihilism (1980).