Browsing by Subject "Constitutional law"

Now showing items 1-9 of 9

    • Counterinsurgency and Constitutional Design 
      Sitaraman, Ganesh (Harvard Law Review, 2008)
      Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency ...
    • Credibility and War Powers 
      Sitaraman, Ganesh (Harvard Law Review, 2014)
      In late August 2013, after Syrian civilians were horrifically attacked with sarin gas, President Barack Obama declared his intention to conduct limited airstrikes against the Syrian regime of President Bashar al-Assad. A ...
    • Emotional Common Sense as Constitutional Law 
      Maroney, Terry A. (Vanderbilt Law Review, 2009)
      In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional ...
    • Judgment Calls: Principle and Politics in Constitutional Law 
      Sherry, Suzanna (Vanderbilt University, 2008-10-22)
    • Liberty's Safety Net 
      Sherry, Suzanna (Green Bag 2D, 2013)
      I am honored and humbled by the breadth and depth of the responses to my essay on judicial activism, including Richard Epstein's very generous introduction. Each of the contributors has packed a tremendous amount of insight ...
    • The Normalization of Foreign Relations Law 
      Sitaraman, Ganesh; Wuerth, Ingrid Brunk (Harvard Law Review, 2015)
      The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
    • Plus Ça Change . . . or If Hard Cases Make Bad Law, What Do Bad Cases Make? 
      Sherry, Suzanna (Constitutional Commentary, 1999)
      This article is part of a symposium on constitutional law, the theme of which is to explore real constitutional issues deriving from specific cases within a fictional exercise. These cases, all taken from the historical ...
    • The Rev James Lawson: The Non-Violence Struggle 10-30-2007 1 of 2 
      Lawson, James M., 1928- (Vanderbilt University, 2007-10-30)
    • War and American Constitutional Order 
      Brandon, Mark E. (Vanderbilt Law Review, 2003)
      In their introduction to a fine new edition of Alexis de Tocqueville's Democracy in America, Harvey C. Mansfield and Delba Winthrop claim that "[i]f the twentieth century has been an American century, it is because the ...