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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

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

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

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) …

A Reply To My Well Meaning Critics (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

Tillman's opening paper can be found at: 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, 114 Penn St. L. Rev. 391 (2009) (unabridged version), available at http://works.bepress.com/seth_barrett_tillman/111/, also available at http://ssrn.com/abstract=1333576; Seth Barrett Tillman, Blushing Our Way Past History, 2009 Cardozo L. Rev. de novo 46 (abridged version), http://tinyurl.com/qcql96, also available at http://works.bepress.com/seth_barrett_tillman/123/, also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1399661.

Professors Blomquist, Sheppard, Peabody, and Green (forthcoming) have written critiques of (aspects of) my paper (or of Stone-Tillman), and I will reply here.

[April 29, 2011]