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Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Michigan Law Review
A Review of John Arthur, Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory
Progress And Constitutionalism, Robert F. Nagel
Progress And Constitutionalism, Robert F. Nagel
Michigan Law Review
A Review of Robin West, Progressive Constitutionalism: Reconstructing the Fourteenth Amendment
Pragmatism And Parity In Appointments, Yxta Maya Murray
Pragmatism And Parity In Appointments, Yxta Maya Murray
Michigan Journal of Gender & Law
This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …