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Citation List To "Blushing Our Way Past Historical Fact And Fiction," And To "Blushing Our Way Past History", Seth Barrett Tillman
Citation List To "Blushing Our Way Past Historical Fact And Fiction," And To "Blushing Our Way Past History", Seth Barrett Tillman
Seth Barrett Tillman
This document is a citation list to "Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone's Melville B. Nimmer Memorial Lecture and Essay," and to "Blushing Our Way Past History." The latter (an abridged version of the former) appeared in Cardozo Law Review de novo. The former appeared in Penn State Law Review.[March 5, 2014]
Blushing Our Way Past Historical Fact And Fiction: A Response To Professor Geoffrey R. Stone’S Melville B. Nimmer Memorial Lecture And Essay, Seth Barrett Tillman
Blushing Our Way Past Historical Fact And Fiction: A Response To Professor Geoffrey R. Stone’S Melville B. Nimmer Memorial Lecture And Essay, Seth Barrett Tillman
Seth Barrett Tillman
Legal academics and the public are fascinated by both constitutional text and the processes by which it is interpreted. The precise role for legal academics in the interpretation of such charters is controverted. Doctrine and case law as established by the courts remain the core of academic legal discourse. Case law is, after all, the object about which doctrine is based, built, and extended. But the interpretation of constitutional text through case law comes with costs -- it seems to lack democratic legitimacy, and where unconnected to text and history, it has a tendency to fence out (even the well-educated) …
Blushing Our Way Past History, Seth Barrett Tillman
Blushing Our Way Past History, Seth Barrett Tillman
Seth Barrett Tillman
Legal academics and the public are fascinated by both constitutional text and the processes by which it is interpreted. The precise role for legal academics in the interpretation of such charters is controverted. Doctrine and case law as established by the courts remain the core of academic legal discourse. Case law is, after all, the object about which doctrine is based, built, and extended. But the interpretation of constitutional text through case law comes with costs -- it seems to lack democratic legitimacy, and where unconnected to text and history, it has a tendency to fence out (even the well-educated) …