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Overcoming necessity: emergency, constraint, and the meanings of American constitutionalism
"This book is rooted in the post-9/11 debate over the scope of the president's authority to react to perceived emergency. One side argues for unbounded and unilateral executive authority, and the other a recommitment to rights, subject to circumstantial limits. Almost all sides converge on some variation of the idea that during emergencies the laws must give way (they just disagree over when and how they give way), that the constitution is not a 'suicide pact,' and that executive officials must be given leeway to act against the law, even if subject to post-hoc accountability. None of these arguments adequately address how they rely on prioritizing necessity in constitutional thought. The author contends that legal actors and scholars often misunderstand the role that necessity plays within liberal constitutionalism, thinking that it provides an excuse for jettisoning commitments to constitutional principles and values and therefore justifying legally unconstrained government action"--
Equal Dignity, Colorblindness, and the Future of Affirmative Action Beyond Grutter v. Bollinger
In: William & Mary Law Review, Band 64, Heft 1
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Constitutive Visions: Sovereignty, Necessity, and Saramago's Blindness
In: Constellations: an international journal of critical and democratic theory, Band 24, Heft 1, S. 63-75
ISSN: 1467-8675
Constitutive Visions: Sovereignty, Necessity, and Saramago's Blindness
In: Constellations: an international journal of critical and democratic theory
ISSN: 1351-0487
Dystopian Constitutionalism
In: University of Pennsylvania Journal of Constitutional Law, Band 18, Heft 2
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Order, Technology, and the Constitutional Meanings of Criminal Procedure
In: Journal of Criminal Law and Criminology, Band 103, Heft 3
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Book Review: The Holocaust and the Postmodern By Robert Eaglestone, New York: Oxford University Press, 2008. $44.00 (paper). 369pp. ISBN 978—0199239375
In: Law, culture & the humanities, Band 5, Heft 1, S. 161-164
ISSN: 1743-9752
Overcoming Necessity: Torture and the State of Constitutional Culture
In: Southern Methodist University Law Review, Band 61, Heft 2
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