Sentences with phrase «as constitutional scholar»

And Congress, through its voting patterns during the 1860s and 1870s, expressed a similar opposition to racial classifications, as the constitutional scholar Michael McConnell has demonstrated.
This relative «openness to revision and correction,» as constitutional scholar H. Jefferson Powell calls it, should be appreciated by Christians.

Not exact matches

Most legal scholars, in one form or another, have embraced constitutional litigation as the ideal forum for moral evaluation of public policy.
Although the book is best regarded more as a presentation of the Supreme Court's religious - freedom work than as a direct study of the questions underlying that work» the work of constitutional scholars, for example, is for the most part only referenced, not engaged» it is, nonetheless, recommended.
One need not be a lawyer or constitutional scholar to recognize that nowhere does the Charter describe abortion as a right, whereas it definitely guarantees religious freedom.
As a number of scholars have begun to recognize, the problems of creating a national community in America did not decrease with the establishment of the constitutional regime but in a sense became more severe.
So, the contemporary constitutional scholar Robert Lowry Clinton argues that it is a mistake to read the case as claiming a judicial power to tell the President or Congress what they can or can not do under the Constitution.
As neither Taylor nor Fillmore had taken the oath of office on March 4, some historians and Constitutional scholars have argued that neither of them had any legal authority as President in the interim until they diAs neither Taylor nor Fillmore had taken the oath of office on March 4, some historians and Constitutional scholars have argued that neither of them had any legal authority as President in the interim until they dias President in the interim until they did.
As the Congressional scholars Thomas Mann and Norman J. Ornstein have declared (see It's Even Worse Than It Looks: How the American Constitutional System Collided With the New Politics of Extremism), the current Congressional polarization is not a balanced polarization; it is rather «asymmetrical» with the GOP extreme right the stronger player.
Donald Trump is taking his time in responding to Whole Woman's Health v. Hellerstedt, which constitutional scholars describe as the most significant U.S. Supreme Court abortion ruling in a decade.
So my answer is: There isn't a consensus amongst constitutional scholars as otherwise this question wouldn't be arising both on the Internet and in Washington *.
While the courts have permitted certifying agencies to require «good moral character» of teacher applicants, as legal scholars Martha McCarthy and Nelda Cambron - McCabe note, they «will intervene... if statutory or constitutional rights are abridged.»
To begin, many legal historians and constitutional scholars seem to agree that the equal protection clause, as originally understood, did not prohibit segregation, because integration — including integrated schools — involved a «social» right, not a civil right, and therefore fell outside the ambit of that clause.
Here, Scalia quotes from the constitutional scholar Alexander Bickel, who argued that a «racial quota derogates the human dignity and individuality of all to whom it is applied; it is invidious in principle as well as in practice.»
He was paid by Peabody Energy «to provide an independent analysis of the proposed EPA rule as a scholar of constitutional law».
As the Martin Act is rarely used, Constitutional scholars have questioned both its validity and its Constitutionality.
She also provides indeed a vast array of resources, assembling important scholarly contributions in each legal order as well as translations of crucial parts of the jurisprudence and concise summaries of important constitutional sagas that many constitutionally curious scholars may have already heard of, but never had the time or resources to engage with in sufficient detail.
There is also a tendency towards parochialism among scholars of constitutional law and politics as far as other countries» constitutional arrangements and practices are concerned.
Many SLAW readers may remember the political controversy involving the initial offer, withdrawal of offer, and rehiring of leading US constitutional law scholar (and frequent critic of the Bush administration) Erwin Chemerinsky as the school's Founding Dean.
So, in its judgment as to how the United Kingdom may withdraw from the European Union, has the UK Supreme Court finally endorsed the view of the UK constitutional scholar Sir William Wade that a «constitutional revolution» occurred in 1972 by which the European Union institutions as opposed to Parliament became sovereign in the United Kingdom?
This process is referred to by some constitutional scholars as the dialogue theory.
This would leave the question of which particular U.S. District Court was the proper one to file in as a question of venue (which does not have a constitutional dimension) rather than a question of jurisdiction (which is subject to constitutional considerations), and many legal scholars have urged Congress to do just that.
When the word «originalism» began appearing in legal periodicals in the 1980s, a number of influential scholars and judges, primarily on the right, quickly came to treat it as the sole legitimate method to decide constitutional cases.
Each year the forum brings together Ministers for Justice, chairpersons of constitutional courts, leaders of international organizations and companies, partners of leading law firms, state representatives as well scholars from over 80 countries.
- Patrick J. Monahan, Dean, Osgoode Hall Law School, «This book by a leading teacher and scholar is an excellent, comprehensive text on constitutional law that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notes.
«This book by a leading teacher and scholar is an excellent, comprehensive text on constitutional law that incorporates relevant case law, scholarly doctrinal excerpts as well as explanatory research notes.
He is recognized as a scholar and commentator on judicial ethics, judicial selection, and constitutional interpretation.
The changes have come in the wake of a growing movement across the state, led by legal scholars, immigration attorneys and youth advocates who have contended for years that these referrals to the U.S. Immigration and Customs Enforcement (ICE) agency violate a state law created to protect a juvenile's privacy, as well as the constitutional rights of these minors.
Or limiting freedom of the press, denying democratic rights etc.... well, the Parliamentary Gallery might; and some scholars of constitutional law; and some people who have this unusual belief that the current majority has as much of an obligation to obey laws passed by the past Parliament (until the laws are repealed or declared unconstitutional (oops)-RRB- as a former Tory Cabinet minister accused of things we can't speak of (because we don't know and were never told).
With a story like that, you'd think that Gura would be celebrated as the toast of the town — respected by constitutional scholars and Supreme Court advocates for an extraordinary result or held out as an inspiration to young, unemployed lawyers languishing in document review jobs that taking big risks by starting a practice and handling compelling cases can yield big rewards.
The use of the constitutional identity clause, then, should be revisited, in primis among those scholars who have overweighed the respect of the national identity as a «problem - solver», i.e. a means to reconcile the differences between Member States and the Union as far as a different degree of protection of fundamental rights is concerned.
a b c d e f g h i j k l m n o p q r s t u v w x y z