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Full-Text Articles in Law
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Michigan Law Review
Attitudes about the Supreme Court differ sharply, particularly among academics. Law professors believe the Constitution and other laws constrain the Court, while most political scientists do not. These different perspectives on justices' fidelity to the law ensure that legal scholars and political scientists have little to say about the Court that is of interest to each other. As a result, it should not be surprising that most legal scholars are unfamiliar with Harold Spaeth and Jeffrey Segal, the two political scientists most closely associated with the view that the law does not constrain the justices from voting their policy preferences. …
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Michigan Law Review
The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Michigan Law Review
Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …