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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 ...
Interstate Pollution Control and Resource Development Planning: Outmoded Approaches or Outmoded Politics?
(Natural Resources Journal, 1988)
Arbitrary political boundaries are no barrier at all to the physical effects of pollution and resource development. Yet, despite the optimism that ushered in the heightened environmental consciousness of the past several ...
The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship
(Constitutional Commentary, 1988)
In the past twenty years, historians have greatly enriched our knowledge of the eighteenth-century ideas that underlie the Constitution. Much of this scholarship has been devoted to rediscovery of eighteenth century ...
Product Liability Litigation With Risk Averson
(The Journal of Legal Studies, 1988)
The recent law and economics literature has directed much energy toward identifying the various factors that determine whether parties will litigate or settle accident claims.' The substantive interest in this area rests ...
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 ...
Back to the Future: A Time for Rethinking the Test for Resident Alien Status Under the Income Tax Laws
(Vanderbilt Journal of Transnational Law, 1988)
If the sole object of our tax law is certainty, then the quest for a bright-line, mechanical test would appear to be justified. Fairness, however, is an equally important objective. If fairness is sacrificed in our rush ...
Finding Federalism in the Admiralty: "The Devil's Own Mess" Revisited
(Tulane Maritime Law Journal, 1988)
The federalism aspect of the United States Supreme Court's admiralty jurisprudence has long been adrift.' No feature of admiralty law illustrates the Court's difficulties in this regard better than maritime wrongful death ...
Two Hundred Years Ago Today
(Law and Inequality, 1988)
There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant 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 ...