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Articles 1 - 30 of 36
Full-Text Articles in Jurisprudence
Conservatives And The Court, Robert F. Nagel
Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks
Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks
Publications
This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.
These proposals disregard the mother's existing parental rights and …
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Publications
No abstract provided.
A Few Thoughts On Free Speech Constitutionalism, Helen Norton
A Few Thoughts On Free Speech Constitutionalism, Helen Norton
Publications
No abstract provided.
On Creativity In Constitutional Interpretation, Pierre Schlag
On Creativity In Constitutional Interpretation, Pierre Schlag
Publications
In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …
A Structuralist Approach To The Two State Action Doctrines, Justin Desautels-Stein
A Structuralist Approach To The Two State Action Doctrines, Justin Desautels-Stein
Publications
By all accounts, the constitutional and antitrust state-action doctrines are strangers. Courts and scholars see the constitutional state-action doctrine as about the applicability of constitutional rights in private disputes, and the antitrust state-action doctrine as a judicial negotiation between the scope of the Sherman Act and the demands of federalism. In this conventional view, the only thing the doctrines share in common is that they are both an awful mess. This Article challenges the conventional wisdom and argues that the two state-action doctrines are fundamentally connected, and when viewed in a certain light, not even that messy. It is not …
The Market As A Legal Concept, Justin Desautels-Stein
The Market As A Legal Concept, Justin Desautels-Stein
Publications
In the wake of the recent financial crisis of 2008, and in the run-up to what some are calling a perfect fiscal storm, there is no shortage of commentary on the need for fundamental market reform. Though there are certainly disagreements about where the real problems are and what to do, almost all the commentary remains wedded to an old and entirely false image of “free competition.” Of course, there is hardly consensus about whether markets require the heavy hand of regulative control, or are better left to regulate themselves, but a belief in the distinction between these two images …
The Incompatibility Principle, Harold H. Bruff
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Publications
No abstract provided.
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Publications
No abstract provided.
Authorizing Interpretation, Pierre Schlag
Progress And Constitutionalism, Robert F. Nagel
A Text Is Just A Text, Paul F. Campos
Hiding The Ball, Pierre Schlag
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
A Heterodox Catechism, Paul Campos
Silence And The Word, Paul Campos
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Against Constitutional Theory, Paul Campos
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins
Publications
No abstract provided.
Meeting The Enemy, Robert F. Nagel
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
Rationalism In Constitutional Law, Robert F. Nagel
Freedom Of Speech As Therapy, Pierre Schlag
Book Review, Pierre Schlag