Category: Mark Kende
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Sad News
The famous German legal scholar, Professor Winfried Brugger of the University of Heidelberg, died suddenly. Besides being a leading legal philosopher, and scholar of German constitutional law, he was one of Germany’s preeminent experts on American constitutional law. He also was a frequent visitor to Georgetown Law.
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Socio-Economic Rights Decline
In late 2009, several of the South African Constitutional Court’s most famous Justices were scheduled to step down. They still had to write opinions in some difficult socio-economic rights cases. To the surprise of many legal scholars, they authored opinions which appear to put the brakes on the development of a transformative socio-economic rights jurisprudence.
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South African Constitutional Court Building
I spent the last few weeks giving lectures at several South African law faculties on socio-economic rights issues, and on my book “Constitutional Rights in Two Worlds: South Africa and the United States.” I will write several posts about what I learned from my South African colleagues.
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Kenyan Constitution and Chicago Troika
Here is a great nugget from a recent edition of news at the University of Chicago. It includes some insights into what valuable work is being carried out by other members of this blog. It starts with some biographical material on Tom: “Ginsburg first developed an interest in constitutions through his work at the Asia…
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Freedom of Expression Endangered in South Africa
The post-Apartheid South African press and media have traditionally been vigorous. They have frequently criticized the government as well as opposition groups. The press and media there can sometimes be a bit sensationalistic (hardly unique to South Africa of course). But it’s fair to say that the country’s press freedom has been good overall.
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An Unconstitutional Constitutional Amendment?
There has been much debate recently over a federal district court ruling that struck down part of Arizona’s controversial immigration law. The ruling essentially said that the Arizona law was preempted because this is an area of federal authority. The Court did not focus on the argument that the law invited racial profiling and other…
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Proportionality and Justice Breyer’s New Book
The August 19, 2010 issue of the New York Review of Books contains an excerpt from U.S. Supreme Court Justice Stephen Breyer’s forthcoming book, Making Our Democracy Work: A Judge’s View. The excerpt discusses his view of constitutional interpretation in relation to the Supreme Court’s famous case endorsing an individual rights approach to the Second…
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Veiled Equality and Secularism.
The New York Times recently described the newest developments in France to enact a prohibition on the wearing of the face veil. Some of the opposition of course came from religious groups. Meanwhile, as Miguel Schor has pointed out in a recent blog posting here, Argentina has essentially allowed same-sex marriage.
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German Right to Die Case and Supreme Court Confirmation
As has been reported in the press, the Federal Constitutional Court of Germany recently issued a ruling making it easier for relatives and others to allow loved ones to die in certain situations. Given the power of the right to dignity and the right to life under the Basic Law, this is significant both there…
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More Soccer and Comparative Constitutionalism
The U.S. sports network ESPN has produced a fascinating documentary called The Two Escobars. It examines the link between Columbian soccer and the various drug cartels there during the period of the ascendancy of Pablo Escobar, who led the Medellin Cartel.