Constitutional Law as Moral Philosophy

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Constitutional Law

Human Beings and the Moral Law: Moral Precariousness in Kant's Ethical Philosophy

ABSTRACT HUMAN BEINGS AND THE MORAL LAW: MORAL PRECARIOUSNESS IN KANT'S ETHICAL PHILOSOPHY Bradley M. Taylor Dr. Paul Guyer This dissertation is an examination of human moral precariousness in Kant's ethics. Human beings are in a state of moral precariousness insofar as they are ever-capable of transgressing the moral law and are often uncertain of the moral worth of their actions. Put another ...

Constitutional Law: Parole Status

In Rose v. Haskins,' the Court of Appeals for the Sixth Circuit reiterated the orthodox view that since a prisoner parole system is not constitutionally compelled, parole status is merely a "privilege" regulated by statute and not circumscribed by either the specific constitutional guarantees applicable to a criminal proceeding nor the traditional safeguards of procedural due process. However, ...

Constitutional Law: Increased Sentence