The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provi...

Jack Balkin defies categorization. More precisely, he defies categories. His most recent books, Living Originalism and Constitutional Redemption, transcend the dichotomies of constitutional theory. Repeatedly, they show that what conventional wisdom views as a strict opposition (originalism versus the living constitution, for instance) is in fact not an opposition at all, or that a traditional ...

nowadays family tkaful in islamic societies has been  studied as islamic financing tools and in detail as a legal institution based on the theory of common benefit – common loss and collective cooperation. likewise in some western countries, among the uk , family tkaful as risk financing tools has important role beside insurance in society risk  financing.  it's seems to be necessary, shia...

As the number of federal criminal laws has increased over the past decade, so, too, has the intensity with which scholars debate the role of federal law generally. However, in their debate, the scholars focus largely on matters of legislative policy. They essentially ask the question, “How far should Congress go when creating new federal law?” Professor George Brown seeks to answer a different ...

in religious jurisprudence, exhaustive discussions have put forward about the effect of finding that the witness was disqualified at the time of giving of evidence and effect of losing of qualifications after giving of evidence and before rendering of judgment on the evidence that is got and the judgment that is rendered on basis of it and exist various opinions about some varieties in spite of...

Teachers of Australian federal constitutional law now have three current casebooks available to them: the Winterton, Lee, Glass and Thomson casebook (“WLGT”), Hanks and Cass, Australian Constitutional Law: Materials and Commentary (“HC”), now in its sixth edition, and Blackshield and Williams, Australian Constitutional Law & Theory (“BW”), which has entered a second edition. The recent publicat...