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Now showing items 1-10 of 52
Outlaw Blues
(Michigan Law Review, 1989-05)
Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...
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 ...
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 ...
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 ...
Speaking of Virtue: A Republican Approach to University Regulation of Hate Speech
(Minnesota Law Review, 1991)
There is a disturbing new trend among American universities. Many universities, both public and private, are adopting regulations that punish what is commonly called '"hate speech." Hate speech is expression that is ...
Textualism and Judgment
(George Washington Law Review, 1998)
Akhil Amar has written a provocative defense of textualism as a method of constitutional interpretation. In the book from which his essay is drawn, Professor Amar uses his textualist method to interpret the Bill of Rights ...
The Eleventh Amendment and Stare Decisis: Overruling Hans v. Louisiana
(The University of Chicago Law Review, 1990)
There is currently a dispute raging about the meaning of the Eleventh Amendment, which protects states from suits in federal court. The language of that amendment appears to deny federal jurisdiction only over suits brought ...
Civic Virtue and the Feminine Voice in Constitutional Adjudication
(Virginia Law Review, 1986)
What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision ...
Issue Manipulation by the Burger Court
(Minnesota Law Review, 1986)
Members of the dominant faction of the current Supreme Court are apparently trying to have their cake and eat it, too. In some contexts, the Court uses constitutionally grounded notions of judicial restraint to deny ...
All the Supreme Court Really Needs to Know It Learned from the Warren Court
(Vanderbilt Law Review, 1997)
It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...