Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner
Richard Warner
No abstract provided.
Foreword, Robert Lipkin
Taking Justice Thomas Seriously, John Eastman
Taking Justice Thomas Seriously, John Eastman
John C. Eastman
Substantive Review of Scott Gerber's book, First Principles: The Jurisprudence of Clarence Thomas (New York University Press, 1999). This review praises Gerber's recognition that Justice Thomas has articulated a consistent and thoughtful original theory view of the Constitution, distinct from the original practice, most positivist view of constitutional interpretation advanced by Justice Antonin Scalia and the late Chief Justice William Rehnquist. It also applauds the effort to take seriously Justice Thomas's jurisprudence, even while it takes Gerber to task for misunderstanding at times the full depth of that jurisprudence. Most notably, the article challenges Gerber's critique of Justice Thomas's Establishment …