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Now showing items 71-80 of 95
Selective Judicial Activism
(Georgetown Journal of Law & Public Policy, 2016)
This Essay, written for a symposium asking “Is the Rational Basis Test Unconstitutional?,” defends the bifurcated-scrutiny approach of Carolene Products and its famous footnote four. A growing cadre of conservative and ...
Republican Citizenship in a Democratic Society
(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 ...
Rights Talk: Must We Mean What We Say?
(Law and Social Inquiry, 1992)
Mary Ann Glendon has written a powerful and persuasive diagnosis of the ills besetting modern American society. Unlike many other commentators, Glendon refuses to lay the blame on any single group or institution but spreads ...
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 ...
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 ...
Property is the New Privacy
(Harvard law Review, 2015)
Richard Epstein’s new book, The Classical Liberal Constitution, is the latest entry in what might be called conservative foundationalist constitutional theory. The movement’s primary goal is to elevate judicial protection ...
The Ghost of Liberalism Past
(Harvard law Review, 1992)
We the People is an ambitious book by one of our best constitutional theorists. Part one of a projected three-volume series, it aims at nothing less than a re-envisioning of American constitutional history and promises a ...
The Indeterminacy of Historical Evidence
(Harvard Law & Policy Review, 1995)
I view my task in this Article to be proving that history is indeterminate. The rest of the Articles from this Panel may discuss what to do about the indeterminacy. I would like to put aside the normative questions and a ...
Overruling Erie: Nationwide Class Actions and National Common Law
(University of Pennsylvania Law Review, 2008)
In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co. v. Tompkins as applied to the nationwide class actions that fall within CAFA's ...
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 ...