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Now showing items 1-10 of 35
Public Values and Private Virtue
(Hastings Law Journal, 1994)
Professor Novak's article' is a much-needed breath of fresh air, because of both its historical approach and its rejection of a paradigm of pure individualism. Professor Novak eloquently reminds us that constitutional ...
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 ...
Lee v. Weisman: Paradox Redux
(Supreme Court Review, 1992)
For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee ...
Responsible Republicanism: Educating for Citizenship
(The University of Chicago Law Review, 1995)
The United States Supreme Court has long recognized what none of us can doubt: education is vital to citizenship in a democratic republic. Moreover, because the Court has left open the question whether there might be a ...
Telling Stories Out of School: An Essay on Legal Narratives
(Stanford Law Review, 1993)
Once upon a time, the law and literature movement taught us that stories have much to say to lawyers, and Robert Cover taught us that law is itself a story. Instead of living happily ever after with that knowledge, some ...
Judicial Independence: Playing Politics with the Constitution
(Georgia State University Law Review, 1998)
I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic ...
State Constitutional Law: Doing the Right Thing
(Rutgers Law Journal, 1994)
Fifteen years after a prominent American jurist urged a revitalization of state constitutional law, a somewhat less prominent American legal scholar announced that state constitutional law was "a vast wasteland of confusing, ...
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 ...
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 ...