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Laurence Claus

Biographic Data

ID1323255
NAMELaurence Claus
GIVEN NAMESLaurence
FAMILY NAMEClaus
SIGNATURECLAUS L
AFFILIATIONSUniversity of San Diego
VERIFIEDNo
TOTAL WORKS4
TOTAL CITATIONS2
WORKS AS AUTHOR4
WORKS AS EDITOR0
FIRST PUBLICATION YEAR2002
LATEST PUBLICATION YEAR2019
H-INDEX1
  • The Framers’ Compromise

    Open Access•Laurence Claus•ARTICLE•The American Journal of…•2019

    Michael Klarman argues in The Framers’ Coup that “[t]he compromises undertaken in Philadelphia . . . illustrate the extent to which the Constitution was a product of clashing interests rather than dispassionate political philosophizing.”1 Klarman’s history distinctively reaches beyond ratification of the United States Constitution to the compromises that delivered the Bill of Rights. And he does a particularly fine job of illuminating the subterr…

  • Constitutional Courts as "Positive Legislators" in the United States

    Laurence Claus, Richard Kay•ARTICLE•The American Journal of…•2010•Cited by: 1

    This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as “positive” legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the C…

  • Constitutional Guarantees of the Judiciary

    Laurence Claus•ARTICLE•The American Journal of…•2006•Cited by: 1

    This National Report to the XVIIth Congress of the International Academy of Comparative Law analyzes the constitutional guarantees of jurisdiction and tenure that empower and protect the U.S. federal judiciary. On jurisdiction, the Report adumbrates arguments advanced in a major work-in-progress on Article III's guarantee of federal jurisdiction. In particular, the Report argues:\n1. The orthodox understanding that Article III's exceptions clause…

  • Budgetary Federalism in the United States of America

    Laurence Claus•ARTICLE•The American Journal of…•2002

    Laurence Claus, Budgetary Federalism in the United States of America, The American Journal of Comparative Law, Vol. 50, Supplement: American Law in a Time of Global Interdependence: U. S. National Reports to the 16th International Congress of Comparative Law (Autumn, 2002), pp. 581-592

  • Constitutional Courts as "Positive Legislators" in the United States

    Laurence Claus, Richard Kay•ARTICLE•The American Journal of…•2010•Cited by: 1

    This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as “positive” legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the C…

  • Constitutional Guarantees of the Judiciary

    Laurence Claus•ARTICLE•The American Journal of…•2006•Cited by: 1

    This National Report to the XVIIth Congress of the International Academy of Comparative Law analyzes the constitutional guarantees of jurisdiction and tenure that empower and protect the U.S. federal judiciary. On jurisdiction, the Report adumbrates arguments advanced in a major work-in-progress on Article III's guarantee of federal jurisdiction. In particular, the Report argues:\n1. The orthodox understanding that Article III's exceptions clause…

  • Budgetary Federalism in the United States of America

    Laurence Claus•ARTICLE•The American Journal of…•2002

    Laurence Claus, Budgetary Federalism in the United States of America, The American Journal of Comparative Law, Vol. 50, Supplement: American Law in a Time of Global Interdependence: U. S. National Reports to the 16th International Congress of Comparative Law (Autumn, 2002), pp. 581-592

  • Constitutional Guarantees of the Judiciary

    Laurence Claus•ARTICLE•The American Journal of…•2006•Cited by: 1

    This National Report to the XVIIth Congress of the International Academy of Comparative Law analyzes the constitutional guarantees of jurisdiction and tenure that empower and protect the U.S. federal judiciary. On jurisdiction, the Report adumbrates arguments advanced in a major work-in-progress on Article III's guarantee of federal jurisdiction. In particular, the Report argues:\n1. The orthodox understanding that Article III's exceptions clause…

  • Constitutional Courts as "Positive Legislators" in the United States

    Laurence Claus, Richard Kay•ARTICLE•The American Journal of…•2010•Cited by: 1

    This Report asks whether American courts that decide constitutional cases, and ultimately the Justices of the United States Supreme Court, may be characterized as legislators, and in particular, as “positive” legislators. After defining the terms, the report reviews the Supreme Court's practice of constitutional lawmaking and considers academic and political reactions to that practice. The Report concludes with an account of challenges that the C…

  • The Framers’ Compromise

    Open Access•Laurence Claus•ARTICLE•The American Journal of…•2019

    Michael Klarman argues in The Framers’ Coup that “[t]he compromises undertaken in Philadelphia . . . illustrate the extent to which the Constitution was a product of clashing interests rather than dispassionate political philosophizing.”1 Klarman’s history distinctively reaches beyond ratification of the United States Constitution to the compromises that delivered the Bill of Rights. And he does a particularly fine job of illuminating the subterr…

Law (4 works) · Political science (4 works) · American Constitutional Law and Politics (3 works) · Legal and Constitutional Studies (3 works) · Politics (3 works) · Supreme court (2 works) · Compromise (1 work) · Constitution (1 work) · Constitutional review (1 work) · Economic history (1 work)

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