- Fall 2017: Modern Legal Theory
- Spring 2018: European Union Law
Boston College Law School
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Newton Center, MA 02459
Dual Sovereignty in Europe?: A Critique of Habermas's Defense of the Nation-State Boston College Law School Faculty Papers (2017)
Jürgen Habermas’s influential account of the transnationalization of democracy is typically seen as a bold attempt to articulate the political-philosophical foundations of European integration. Habermas posits an identity split between individuals as citizens of their ...
Proportionality and Stare Decisis: Proposal for a New Structure Vicki C. Jackson and Mark Tushnet (eds.), Proportionality: New Frontiers, New Challenges (2017)
This paper argues that a change in the formal structure of proportionality analysis can increase the chance of proportionality’s successful transplant into American constitutional law. The change takes the form of an additional and new ...
The Romanian Double Executive and the 2012 Constitutional Crisis International Journal of Constitutional Law (2015)
This paper analyzes the constitutional events in the summer of 2012 when Romania experienced the deepest constitutional crisis in the country’s post-communist history. It discusses the implications of these events for semi-presidentialism, a regime that ...
Cosmopolitanism in Constitutional Law Cardozo Law Review (2013)
This article draws on the tradition of cosmopolitanism to offer a normative framework for the integration of democratic constitutional systems. The laterally conducted constitutional integration, which takes place outside formal institutional settings, remains under-theorized despite ...
Constitutional Transplants, Borrowing, and Migrations Oxford Handbook of Comparative Constitutional Law, Eds. M. Rosenfeld & A. Sajo (2012)
This paper, published in the Oxford Handbook on Comparative Constitutional Law (M. Rosenfeld & A. Sajo, eds., 2012), explores the borrowing and migration of constitutional ideas and institutions across jurisdictions. Despite the fact that comparative ...
Proportionality and Freedom -- An Essay on Method in Constitutional Law Journal of Global Constitutionalism (Glob-Con) (2012)
This Article presents a functional explanation of recent developments regarding the method of constitutional interpretation in legal systems around the world. Described as “the most successful legal transplant of the twentieth century” and “a foundational ...
Impairment, Discrimination, and the Legal Construction of Disability in the European Union and the United States Cornell International Law Journal (2011)
This Article is a comparative study of disability regulations in the European Union and the United States over the past four decades. It explores how a conception of the relationship between illness, impairment and discrimination ...
Cosmopolitanism and Constitutional Self-Government International Journal of Constitutional Law (2010)
This paper, which was selected for presentation at the 2010 Yale/Stanford Junior Faculty Forum, articulates the theoretical steps by which self-government in a free community of equals leads constitutional analysis outside the boundaries of that ...
Reason and Authority in the European Court of Justice Virginia Journal of International Law (2009)
This Article makes the case for a discursive turn in European law. Contrary to the prevailing view, politicizing the judicial discourse of the European Court of Justice would strengthen, more than undermine, the Court's authority. ...