Coke, Corwin and the Constitution: The “Higher Law Background” Reconsidered

1993 ◽  
Vol 55 (3) ◽  
pp. 393-420 ◽  
Author(s):  
Gary L. McDowell
Keyword(s):  
United States ◽  
Judicial Review ◽  
Natural Law ◽  
Constitutional Law ◽  
Moral Theory ◽  
The United States ◽  
American Constitution ◽  
Higher Law ◽  
Relationship Of ◽  
The Relationship

In recent years the debate over the nature and extent of judicial power in the United States has been dominated by questions concerning moral theory, unwritten constitutions, and natural law. In a significant sense, the contemporary discussion is but the continuation of the theory of judicial review first put forth by Edward S. Corwin in 1910–1911; it was this theory that the “higher law background” of American constitutional law derived from the dicta of Sir Edward Coke's opinion in Bonham's Case (1610) that was given its most complete expression in Corwin's famous two-part article in the Harvard Law Review in 1928–29. The fact is, the influence of Coke's opinion in Bonham's Case came from within the scholarly world; its significance stems not from history but from the historians; it was largely Corwin's creation. This paper seeks to correct the record and to show the deficiencies of Corwin's understanding about the relationship of the “higher law” to the American Constitution.

James Bryce and the Australian Constitution

2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
United States Constitution ◽  
Constitutional Development ◽  
Practical Operation ◽  
Responsible Government ◽  
Shed Light

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.

Gender and Marital Satisfaction: Data from the National Survey of Families and Households

1998 ◽  
Vol 83 (1) ◽  
pp. 319-327 ◽  
Author(s):  
Walter R. Schumm ◽  
Farrell J. Webb ◽  
Stephan R. Bollman
Keyword(s):  
United States ◽  
Marital Satisfaction ◽  
Representative Sample ◽  
The United States ◽  
Nationally Representative ◽  
Relationship Of ◽  
The Relationship ◽  
Satisfaction Relationship ◽  
Representative Samples ◽  
Small Support

In 1972, Bernard argued that marriage was good for men and bad for women. Subsequent research noted that wives, on average, reported lower marital satisfaction than husbands. Furthermore, when differences within couples existed on marital satisfaction, the wife was usually the less satisfied spouse; however, most previous studies of the gender/marital satisfaction relationship had not been based on nationally representative samples. A nationally representative sample from the 1988 Survey of Families and Households was used to assess the relationship of gender with marital satisfaction. Within-couple analyses indicated that wives were less satisfied with their marriages than husbands and that, when substantial within-couple differences occurred with respect to marital satisfaction, the wife was usually the less satisfied spouse. Results provide at least small support for feminist assertions about the relatively adverse nature of marriage for women in the United States.

WHAT ARE CONSTITUTIONS, AND WHAT SHOULD (AND CAN) THEY DO?

2010 ◽  
Vol 28 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Larry Alexander
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
United States Constitution ◽  
Moral Rights ◽  
Constitutional Change ◽  
Principal Function ◽  
Fundamental Law

AbstractA constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander proceeds as follows: In section I he takes up law's principal function of settling controversies over what we are morally obligated to do. In section II he then relate law's settlement function to the role of constitutional law. In particular, he discusses how constitutional law is distinguished from ordinary law, and he also discusses the role of constitutions in establishing basic governmental structures and enforcing certain moral rights. In section III he addresses the topic of constitutional interpretation, and in section IV the topic of judicial review. Finally, in section V, he discusses constitutional change, both change that occurs through a constitution's own rules for amendments and change that is the product of constitutional misinterpretations and revolutions.

Relationship of the production of the toxin, cerato-ulmin, to synnemata formation, pathogenicity, mycelial habit, and growth of Ceratocystis ulmi isolates

1980 ◽  
Vol 58 (6) ◽  
pp. 658-662 ◽  
Author(s):  
Shozo Takai
Keyword(s):  
United States ◽  
United Kingdom ◽  
The Netherlands ◽  
Radial Growth ◽  
The United States ◽  
Measurable Quantity ◽  
The United Kingdom ◽  
Relationship Of ◽  
The Relationship

Forty-seven isolates of Ceratocystis ulmi collected from Canada, the United States, the United Kingdom, France, the Netherlands, and Iran were classified with respect to their ability to produce cerato-ulmin (CU) and synnemata, their radial growth, mycelial habit, and pathogenicity.Twenty-nine isolates clearly produced CU in a measurable quantity while 18 isolates produced it only in trace quantities. In general, the former produced fluffy mycelium and were active in synnemata formation. They were aggressive in pathogenicity with one exception. The latter group of isolates generally produced waxy, yeastlike mycelium and formed very few synnemata. They were all nonaggressive in pathogenicity. Radial growth was generally higher among the isolates that produced CU in larger quantities than among those producing CU in trace quantities. The relationship between CU production and pathogenicity affords a method for estimating isolate pathogenicity without the need for host inoculation.

Voting Behavior on the United States Courts of Appeals Revisited

1975 ◽  
Vol 69 (2) ◽  
pp. 491-506 ◽  
Author(s):  
Sheldon Goldman
Keyword(s):  
United States ◽  
Voting Behavior ◽  
Political Liberalism ◽  
The United States ◽  
Stepwise Multiple Regression ◽  
Courts Of Appeals ◽  
Time Period ◽  
Appeals Courts ◽  
Relationship Of ◽  
The Relationship

In an earlier study of voting behavior of U.S. appeals courts judges, attitudinal patterns were investigated along with an analysis of the relationship of judges' backgrounds to their decisions. In this revisit, the earlier findings were treated as hypotheses and tested with a new case population covering a subsequent and longer time period. In all, 2,115 cases decided nonunanimously were coded on one or more issues. Most cases could be classified under ten broad issue categories which were then utilized for most of the analyses. Although the research design was similar to that of the earlier study, a wider variety of methods was employed including nonparametric and parametric intercorrelations of voting behavior on the ten issues and stepwise multiple regression and partial correla-tion analyses of seven background variables and their relationships to voting behavior on the issues. The principal findings were similar to those found earlier but it was possible to map voting behavior with some-what more precision and to uncover some unexpected relationships such as those concerning the potency of the age variable particularly for voting on political liberalism issues.

Lyric Internationalism

2019 ◽  
pp. 143-178
Author(s):  
Sarah Ehlers
Keyword(s):  
United States ◽  
Jim Crow ◽  
The United States ◽  
Langston Hughes ◽  
Jacques Roumain ◽  
Authorial Persona ◽  
Historical Accounts ◽  
African American Artists ◽  
Relationship Of ◽  
The Relationship

This chapter considers Haitian communist poet Jacques Roumain and his reception in the United States. Analyzing the production, circulation, and reception of Roumain’s writings and his authorial persona, the chapter explores several connected variants of a communist internationalism that is imagined through the idea of “lyric,” or “lyricism,” and it demonstrates how such international imaginaries are tied to different conceptions of history. The chapter begins by sketching the import of Roumain as a figure for U.S. radicals. It then turns to Roumain’s friendship with Langston Hughes, showing how the exchange of poems between the two allows critics to move beyond straightforward historical accounts that show how radical African American artists and intellectuals referred to Haiti’s revolutionary past in their protests against Jim Crow policies, colonial occupations, and the rise of fascism in Europe. I argue that Roumain and Hughes harness and experiment with the unique temporality of the poetic lyric in order to present black radicalism as a formation unbounded by spatial and temporal borders. The final sections turn to the prose and poetry Roumain composed during his exile in the United States, using it to rearticulate ideas about the relationship of the poetic lyric to historical praxis.

A Cross-Cultural Measure of Servant Leadership Behaviors

2013 ◽  
pp. 152-163
Author(s):  
Jeff R. Hale ◽  
Dail Fields
Keyword(s):  
United States ◽  
Servant Leadership ◽  
Leadership Behaviors ◽  
Reliability And Validity ◽  
The United States ◽  
Validity Evidence ◽  
Key Dimensions ◽  
Relationship Of ◽  
The Relationship ◽  
Cultural Measure

This chapter presents items comprising three scales that measure servant leadership using three key dimensions: service, humility, and vision. The instrument was used to measure servant leadership behaviors experienced by followers in the United States and Ghana. Reliability and validity evidence is included from two research studies. A discussion of the relationship of servant leadership behaviors with employee outcomes assessed in these studies concludes the chapter.

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