Now showing items 1-10 of 93
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 ...
(Constitutional Commentary, 2000)
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
Justice O'Connor's Dilemma: The Baseline Question
(William and Mary Law Review, 1998)
Many commentators view City of Boerne v. Flores,' in which a divided Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), as a major defeat in the battle for religious freedom in the United ...
The Founders' Unwritten Constitution
(University of Chicago Law Review, 1987)
In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
What's Law Got to Do With It?
(Perspectives on Politics, 2004)
The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
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 ...
(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 ...
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 ...
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 ...