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British Journal of American Legal Studies Volume 7 Issue 1

Subject Areas: Law
Publisher: Sciendo - de Gruyter
ISSN: 2049-4092
SJR: 4

LitStream

Journal Article

Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause

Natelson, Robert G.

2018 British Journal of American Legal Studies

doi:10.2478/bjals-2018-0001

AbstractThe Constitution’s Postal Clause granted Congress power to “establish Post Offices and post Roads.” This Article examines founding-era legal and historical materials to determine the original meaning and scope of the Postal Clause. It concludes that the Clause authorized Congress to pass...
LitStream

Journal Article

Toward Natural Born Derivative Citizenship

Vlahoplus, John

2018 British Journal of American Legal Studies

doi:10.2478/bjals-2018-0002

AbstractSenator Ted Cruz’s campaign for the Republican presidential nomination again raised the question whether persons who receive citizenship at birth to American parents abroad are natural born and eligible to the presidency. This article uses Supreme Court decisions and previously overlooked...
LitStream

Journal Article

Felix Frankfurter and the Law

Halper, Thomas

2018 British Journal of American Legal Studies

doi:10.2478/bjals-2018-0003

AbstractFelix Frankfurter, renowned as a public intellectual fighting for justice, became as a member of the Supreme Court a figure proclaiming his devotion to the rule of law and its corollary, judicial self restraint, even when its results conflicted with his deepest beliefs. Yet an analysis of...
LitStream

Journal Article

Fundamental Rights in Early American Case Law: 1789-1859

Zinos, Nicholas P.

2018 British Journal of American Legal Studies

doi:10.2478/bjals-2018-0004

AbstractFundamental Rights Law is a ubiquitous feature of modern American jurisprudence. Where did the term “Fundamental Rights” come from, and how was it applied in early American case law? This article outlines the genesis of fundamental rights law in early 17th century England and how this law...
LitStream

Journal Article

The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth

Schroeder, Jared

2018 British Journal of American Legal Studies

doi:10.2478/bjals-2018-0005

AbstractTruth as a fundamental ingredient within the flow of discourse and the application of freedom of expression in democratic society has historically received considerable attention from the U.S. Supreme Court. Many of the Court’s central precedents regarding First Amendment concerns have...
LitStream

Journal Article

Acts of State, State Immunity, and Judicial Review in the United States

Akthar, Zia

2018 British Journal of American Legal Studies

doi:10.2478/bjals-2018-0006

AbstractThe doctrine of the Act of State and State Immunity has its foundation in common law frameworks. It is settled law that there is no cause of action that will make a foreign state liable in the domestic court of another country. In the United States there has been acceptance that certain...

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