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Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
University of Richmond Law Review
I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …
The Concept Of Incorporation, Earl M. Maltz
The Concept Of Incorporation, Earl M. Maltz
University of Richmond Law Review
Akhil Amar's new book is by any standard a major contribution to the literature on the Bill of Rights. Amar skillfully combines historical research and legal analysis to give the reader a variety of fresh, important insights into the role that the first ten amendments have played in the evolution of the American constitutional system. Among the many innovative concepts in the book is Amar's treatment of the question of whether the Fourteenth Amendment was originally understood to incorporate the Bill of Rights. Rejecting the traditional dogmas of both incorporation and anti-incorporation theorists, he proposes a new theory-"refined incorporationism"-which focuses, …