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Plus Ça Change . . . or If Hard Cases Make Bad Law, What Do Bad Cases Make?
(Constitutional Commentary, 1999)
This article is part of a symposium on constitutional law, the theme of which is to explore real constitutional issues deriving from specific cases within a fictional exercise. These cases, all taken from the historical ...
Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress
(University of Illinois Law Review, 2000)
Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
The Sleep of Reason
(Georgetown Law Journal, 1996)
A very strange thing is happening in legal academia. The left and the right have joined forces, and the center is under attack. What makes this so unusual is that law has traditionally been a field of centrists. The common ...
Beyond All Criticism?
(Minnesota Law Review, 1999)
We knew, of course, that we were treading on dangerous ground in challenging radical multiculturalism. In writing Beyond All Reason we argued that the radicals' postmodern theories conflict deeply with their own laudable ...
The Ninth Amendment: Righting an Unwritten Constitution
(Chicago-Kent Law Review, 1988)
As the recent Symposium in these pages indicated, the preliminary debate over the meaning of the ninth amendment is essentially over. Despite the diversity of views expressed in the Symposium, all but one contributor agreed ...
Women's Virtue
(Tulane Law Review, 1989)
Michael Perry's thoughtful jurisprudential musings in Morality, Politics, and Law get most things just right. His framework of moral knowledge and a constitution of aspirations resonates with much of the best of contemporary ...
Our Unconstitutional Senate
(Constitutional Commentary, 1995)
In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
The Eleventh Amendment and Stare Decisis: Overruling Hans v. Louisiana
(The University of Chicago Law Review, 1990)
There is currently a dispute raging about the meaning of the Eleventh Amendment, which protects states from suits in federal court. The language of that amendment appears to deny federal jurisdiction only over suits brought ...
Warning: Labeling Constitutions May Be Hazardous to Your Regime
(Law and Contemporary Problems, 2004)
What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of ...
Religion and the Public Square: Making Democracy Safe for Religious Minorities
(1998)
In 1995, Judge Richard Posner ruled that the state of Illinois could not celebrate Good Friday as a statewide holiday for the public schools.' Closing all Illinois public schools on Good Friday, Posner declared, violated ...