Now showing items 1-4 of 4
Putting the Law Back in Constitutional Law
(Constitutional Commentary, 2009)
Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, the organizers of this symposium have asked us to address whether constitutional law is in crisis. I ...
The Use and Abuse of Foreign Law in Constitutional Interpretation
(Harvard Journal of Law & Public Policy, 2009)
This article provides an exhaustive typology of the uses of foreign law in order to provide insight into whether foreign law can be appropriately used in constitutional interpretation, when it can be used, and what the ...
The Captures Clause
(University of Chicago Law Review, 2009)
The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to ...
Separated by a Common Language?
(Rutgers Computer & Technology Law Journal, 2009)
This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy ...