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Now showing items 1-10 of 17
Outlaw Blues
(Michigan Law Review, 1989-05)
Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...
Democratic Education
(Texas Law Review, 1988)
Amy Gutmann's Democratic Education might equally well be entitled Republican Education, for its central theme is how to produce true republican citizens-citizens who possess both the ability and the motivation
to participate ...
Civic Virtue and the Feminine Voice in Constitutional Adjudication
(Virginia Law Review, 1986)
What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision ...
Issue Manipulation by the Burger Court
(Minnesota Law Review, 1986)
Members of the dominant faction of the current Supreme Court are apparently trying to have their cake and eat it, too. In some contexts, the Court uses constitutionally grounded notions of judicial restraint to deny ...
Perspectives: Law in the Grand Manner
(Constitutional Commentary, 1985)
Being a Supreme Court justice must have been more fun in the eighteenth century than it is today. The caseload was lighter, and the Court was a social as well as a political center., The justices also apparently felt ...
Separation of Powers: Asking a Different Question
(Williamn and Mary Law Review, 1989)
What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...
Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction
(Georgetown Law Journal, 1984)
The equal protection clause, ambiguous in its language and its history,' has
over the last three decades been transformed from the "last resort of constitutional
arguments' into a significant force in shaping the American ...
The Early Virginia Tradition of Extra-Textual Interpretation
(Albany Law Review, 1989)
An Essay Concerning Toleration
(Minnesota Law Review, 1987)
This essay has suggested, through review of two recent works, how toleration theory can and cannot be used to provide a viable alternative to both moribund liberal ideas and the increasingly successful program of the new ...
The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship
(Constitutional Commentary, 1988)
In the past twenty years, historians have greatly enriched our knowledge of the eighteenth-century ideas that underlie the Constitution. Much of this scholarship has been devoted to rediscovery of eighteenth century ...