Bulletin n. 2/2011
October 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Henry Robert H.
    Madison Lecture. Living our Traditions
    in New York University Law Review , Vol. 86, issue 3 ,  2011 ,  673-697
    In the annual James Madison Lecture, Robert Henry, former Chief Judge of the United States Court of Appeals for the Tenth Circuit, explores Justice John Marshall Harlan II’s notable dissent in Poe v. Ullman. President Henry carefully examines Justice Harlan’s method of constitutional interpretation. Refusing to adopt a “literalistic” reading of the Constitution and instead looking to the “history and purposes” of a particular constitutional provision, Justice Harlan’s approach serves as a source of both flexibility and restraint. Of particular importance is Justice Harlan’s recognition of the role that “living” traditions play in supplying meaning to the concept of due process of law. What emerges from this probing review of Justice Harlan’s Poe dissent is a moderate and thoughtful response to originalism. Full text available at: http://www.law.nyu.edu/ecm_dlv4/groups/public/@nyu_law_website__journals__law_review/documents/documents/ecm_pro_069451.pdf
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