Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion (1)
- Biomedical policy (1)
- Brown v. Board of Education (1)
- Compassion in Dying (1)
- Constitutional adjudication (1)
-
- Constitutional litigation (1)
- Constitutionalism (1)
- Doctrine of double effect (1)
- Ethics and medicine (1)
- Federalism (1)
- Institutions of democracy (1)
- Judicial review (1)
- Liberal scholarship (1)
- Marbury v. Madison (1)
- Medically assisted death (1)
- Physician-assisted suicide (1)
- Public policy (1)
- Right to privacy (1)
- Social value (1)
- State right (1)
- Statutory right (1)
- Taking the Constitution Away from the Courts (1)
- Tushnet (Mark) (1)
- Welfare (1)
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Judges
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Losing Faith: America Without Judicial Review?, Erwin Chemerinsky
Michigan Law Review
In the last decade, it has become increasingly trendy to question whether the Supreme Court and constitutional judicial review really can make a difference. Gerald Rosenberg, for example, in The Hollow Hope, expressly questions whether judicial review achieves effective social change. Similarly, Michael Klarman explores whether the Supreme Court's desegregation decisions were effective, except insofar as they produced a right-wing backlash that induced action to desegregate. In Taking the Constitution Away from the Courts, Mark Tushnet approvingly invokes these arguments (pp. 137, 145), but he goes much further. Professor Tushnet contends that, on balance, constitutional judicial review is harmful. He …
Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider
Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider
Book Chapters
Throughout most of American history no one would have supposed biomedical policy could or should be made through constitutional adjudication. No one would have thought that the Constitution spoke to biomedical issues, that those issues were questions of federal policy, or that judges were competent to handle them. Today, however, the resurgence of substantive due process has swollen the scope of the Fourteenth Amendment, the distinction between federal and state spheres is tattered, and few statutes escape judicial vetting. Furthermore, Abraham Lincoln's wish that the Constitution should "become the political religion of the nation" has been granted. "We now reverently …