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Articles 1 - 8 of 8
Full-Text Articles in Law
Challenging Calls For Civility, Reshmi Dutt-Ballerstadt
Challenging Calls For Civility, Reshmi Dutt-Ballerstadt
Faculty Publications
In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.
The Rise Of Trump And The Death Of Civility, Keith Bybee
The Rise Of Trump And The Death Of Civility, Keith Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways in which civility may repress dissent and maintain hierarchy. Although I consider the degree to which Trump’s actions are strategic, I ultimately argue that Trump’s incivilities should be understood as an …
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
Faculty Publications
In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …
Our Principled Constitution, Mitchell N. Berman
Our Principled Constitution, Mitchell N. Berman
All Faculty Scholarship
Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.
Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …
The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy
The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy
Faculty Scholarship
The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty that authorizes it. No …
Petitioning And The Making Of The Administrative State, Maggie Blackhawk
Petitioning And The Making Of The Administrative State, Maggie Blackhawk
All Faculty Scholarship
The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state …
Preemption And Commandeering Without Congress, Jessica Bulman-Pozen
Preemption And Commandeering Without Congress, Jessica Bulman-Pozen
Faculty Scholarship
In a time of polarization, states may introduce salutary pluralism into an executive-dominated regime. With partisan divisions sidelining Congress, states are at once principal implementers and principal opponents of presidential policies. As polarization makes states more central to national policymaking, however, it also poses new threats to their ability to act. This Essay cautions against recent efforts to preempt state control over state officials and to require states to follow other states’ policies, using sanctuary jurisdictions and the pending federal Concealed Carry Reciprocity Act as examples.
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
Articles by Maurer Faculty
No abstract provided.