Constitutional Law

Balancing is one of the main issues in current debates on the interpretation of constitutional rights. Numerous authors have raised the objection that balancing is both irrational and subjective. Here it is argued that this objection is unjustified.…

As the study of entrepreneurship and the study of business ethics become increasingly established, the intersection of entrepreneurship and ethics is receiving increasing scholarly attention. In this paper, we review the research connecting ethics…

Terrorist attacks will be a recurring part of the future. If the American reaction is any guide, new constitutional concepts are urgently required to deal with the protection of civil liberties. This essay proceeds with a critical survey of the…

At one point early in my career, in the early 1980s, I sat in a basement adjunctfaculty office at Loyola University in Chicago and made a 3 5 notecard for every time that William Caxton used the word history (or its aphetic variant, story) in his…

Each year, the UCLA School of Law hosts the Melville B. Nimmer Memorial Lecture. Since 1986, the lecture series has served as a forum for leading scholars in the fields of copyright and First Amendment law. In recent years, the lecture has been…

In this article, its author analyzes some of the top current issues on the poli- tical and legal definition of the Spanish territorial model of state. From this perspective, the author considers that there are some aspects of the terri- torial…

The rapid adoption of social network sites by teenagers in the United States and in many other countries around the world raises some important questions. Why do teenagers flock to these sites? What are they expressing on them? How do these sites…

This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of administrative law mechanisms to promote greater accountability in decisionmaking and…

N-acetyltransferase 2 (NAT2) is a polymorphic enzyme that plays an important role in the metabolism of various potential carcinogens. NAT2 can be subdivided into rapid and slow acetylation phenotype according to the different genotypes. Studies…

Redefining ‘security’ has recently become something of a cottage industry.E.g. Lester Brown, Redefining National Security, Worldwatch Paper No. 14 (Washington, DC, 1977); Jessica Tuchman Matthews, ‘Redefining Security’, Foreign Affairs, 68 (1989),…

In Between Facts and Norms JArgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public…

'sustainability' wird oft als 'essentially contested concept' gesehen (u.a. auch bei Kasemir et al. 1999)

What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must…

This article provides a framework for analyzing privacy in modern societies, defining information privacy and describing three levels that structure the values assigned to privacy. After describing a contemporary privacy baseline (194520131960),…

Abstract. This paper focuses on the question: Do persisting disagreements in constitutional interpretation affect the legitimacy of the democratic system as a whole? According to both Michelman and Waldron, the epistemic indeterminacy of…

This essay sets out the main elements of the revisionary and philosophical interpretation of the jurisprudence of American Legal Realism that I have developed in a series of articles over the last decade. This reading emphasizes the commitment of…

The author suggests that advocates of a constitutionalization of international law must develop a model that can provide a democratic legitimation for different types of governance in transnational spaces if they wish to uphold democracy. He notes…

This book chapter provides a brief history of information privacy law in the United States from colonial times to the present. It discusses the development of the common law torts, Fourth Amendment law, the constitutional right to information…

In this essay, written for a symposium on surveillance for the University of Chicago Law Review, I examine some common difficulties in the way that liberty is balanced against security in the context of data mining. Countless discussions about the…

Abstract. The article begins with an outline of the balancing construction as developed by the German Federal Constitutional court since the Lьth decision in 1958. It then takes up two objections to this approach raised by Jьrgen Habermas. The first…