Topic
Constitutional Law
Posts
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ArticleVol. 88 · Iss. 6
Judicialization of Politics and the Japanese Supreme Court
The Article focuses on the author’s comments to the article of Professor Shigenori Matsui which stresses the conservatism of the Japanese Supreme Court. It…
Tokujin Matsudaira -
ArticleVol. 88 · Iss. 6
The Japanese Constitution As Law and the Legitimacy of the Supreme Court’s Constitutional Decisions: A Response to Matsui
The Article focuses on the author’s comments to the article of Professor Shigenori Matsui about the conservative jurisprudence of the Japanese Supreme Court. It…
Craig Martin -
ArticleVol. 88 · Iss. 6
Constitutional Adjudication in Japan: Context, Structures, and Values
The Article focuses on the author’s views about the judicial decision making of the Japanese Supreme Court. It presents a comparative study of the…
John Owen Haley -
ArticleVol. 88 · Iss. 6
Why Has Judicial Review Failed in Japan?
The Article examines the political and institutional explanations for the failure of judicial review in Japan. It outlines the law reforms on the judicial…
David S. Law -
ArticleVol. 88 · Iss. 6
Why Is the Japanese Supreme Court So Conservative?
The Article explores the development of a conservative constitutional jurisprudence by the Japanese Supreme Court. It describes the process and the power of judicial…
Shigenori Matsui -
NoteVol. 88 · Iss. 3
From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic…
Micah Zeller -
ArticleVol. 88 · Iss. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
CommentaryVol. 88 · Iss. 2
A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a reply to the fictional…
Eric J. Segall -
CommentaryVol. 88 · Iss. 2
Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement…
Neil J. Kinkopf -
CommentaryVol. 88 · Iss. 2
What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed)
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a proposed opening statement…
Eric J. Segall -
ArticleVol. 88 · Iss. 2
The Political Fourth Amendment
The Political Fourth Amendment builds on Justice Ginsburg’s recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment…
Thomas P. Crocker -
ArticleVol. 88 · Iss. 1
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme…
Jennifer Mason McAward