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Legal History

: Legal History Blog

Constitutional Borrowing

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Nelson Tebbe, Brooklyn Law School, and I have posted Constitutional Borrowing, which is forthcoming in the Michigan Law Review. Our aim is primarily theoretical in nature: to define constitutional borrowing, present a typology describing its common forms, undertake a rule-of-law defense of the practice, and say a few words about how borrowing figures in modern constitutional theory. We invite

Full post as published by Legal History Blog on April 22, 2009 (boomark / email).

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