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Constitution By Compromise, Howard Schweber, Amnon Cavari
Constitution By Compromise, Howard Schweber, Amnon Cavari
Howard Schweber
The question of empowering the court and the limits of constitutional protection are at the heart of the debate over constitutional design in Israel. Lacking a comprehensive written constitution, Israel nonetheless has a set of basic laws which encompass many of the functions of a constitutional text making it a near-complete constitution. Nonetheless, there continues to be considerable support for the idea of a single, formally adopted constitutional text. Recently, several proposals have been brought to the forefront of political discussions through the actions of various interest groups outside the government, and energized and committed efforts by government officials and …
'In Hindsight Everything Is Foreseeable': Ecological Harms And The Public/Private Divide, Howard Schweber
'In Hindsight Everything Is Foreseeable': Ecological Harms And The Public/Private Divide, Howard Schweber
Howard Schweber
In the classic liberal language of privacy rights, individuals’ freedom should extend as far as possible consistent with the limits of the harm principle. In Part I, this article uses an examination of cases involving states’ attempts to regulate the conduct of pregnant women to argue that the application of ecological models of causation and harm expand the harm principle to the point where it destabilizes the idea of privacy rights. In Parts II and III the article presents a brief discussion of the development of ecological models of harm in American law and the replacement of a public-private divide …