Texas Review of Law & Politics

Texas Review of Law & Politics is a magazine focusing on Law

Articles from Vol. 8, No. 2, Spring

A Judicial Traditionalist Confronts the Common Law
I. THE COMMON-LAW TRADITION AS CAUSE FOR ANXIETYI consider myself a disciplined judicial traditionalist. This means, in short, that I view my role as a jurist through the lens of three fundamental principles. The first is respect for the republican form...
Construing the Text of Constitutions and Statutes
The approach to constitutional and statutory interpretation that I advance is understood as originalist or textualist interpretation. The belief of an originalist or textualist is best described by justice Joseph Story, a 9 19th Century Associate justice...
Firearms Possession by "Non-State Actors": The Question of Sovereignty
I. INTRODUCTIONAt United Nations conferences and in other international fora, many diplomats and NGOs have called for prohibiting or severely limiting firearms possession by "non -state actors." Use of the phrase "non -state actors," however, reveals...
Precedent: Tension between Continuity in the Law and the Perpetuation of Wrong Decisions
The subject of precedent has long been overlooked as a matter for academic and scholarly consideration. My views on the present matter have been summarized by Portia who, in the Merchant of Venice, remarked, "It must not be. There is no power in Venice...
Preface
Compare the Supreme Court's recent decisions in Lawrence v. Texas and Elk Grove Unified School District v. Newdow. The difference in outcome is wide between a court that shows judicial restraint and one that does not. When a court restrains itself, the...
Scalia's Lament
I. INTRODUCTIONIn his book entitled A Matter of Interpretation, justice Antonin Scalia begins the section on "The Science of Statutory Interpretation" with the following passage:Do not expect anybody's theory of statutory interpretation, whether it is...
Stare Decisis
What is it that compels a justice on the Supreme Court to respect the authority of cases decided in the past? William Blackstone said, "The rule of precedent is one of general obligation ... an established rule that requires the judge to abide by former...
State Constitutional Interpretation
The interpretation of state constitutions, like the interpretation of the federal Constitution, should be rooted in the text and original understanding of the document. This similarity in approach does not mean that interpretations of a state constitution...
Textualism in Action: Judicial Restraint on the Michigan Supreme Court
A majority of our Michigan Supreme Court is committed to a textualist approach to judicial interpretation. In that regard, we are unique in the United States. For the past few years, our Court has been doing a good job of laying out sound principles...
The Development and Application of Common Law
This paper will lay out the original understanding of the common law and suggest that the original understanding still has something to teach us. Indeed, the same problems that we now face with constitutional law, we are facing with common law. judges...
The Rise and Fall of Affirmative Action
I. INTRODUCTIONWhat I ask for the negro is not benevolence, not pity, not sympathy, but simply justice. ... If the apples will not remain on the tree of their own strength, if they are worm -eaten at the core, if they are early ripe and disposed to fall,...
The Separation of Powers and the Public Policy Role of the State Court in a Routine Case
Grand questions like those of tyranny and anarchy rarely present themselves in royal attire, but, instead, appear in humble garb. I wish to address the constitutional issue of the separation and balance of powers in our tripartite structure of government,...
Three Levels of Stare Decisis: Distinguishing Common-Law, Constitutional, and Statutory Cases
The doctrine of stare decisis, assuming that you see it as a policy choice rather than a constitutional requirement, rests on two foundations. First, people rely on judicial decisions. Fairness, stability, and reliance require that precedents be followed....
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.