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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 ...
The Pariah Principle
(Constitutional Commentary, 1996)
The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
The Barking Dog
(Case Western Reserve Law Review, 1996)
Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
Enlightening the Religion Clauses
(Journal of Contemporary Legal Issues, 1996)
I have argued that the government may not single out any irrational beliefs for preferential treatment, nor is it required to treat alternative epistemologies as favorably as Enlightenment rationality. Both history ...