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Full-Text Articles in Legal Ethics and Professional Responsibility
The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow
The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow
Pepperdine Law Review
This comment to Sanford Levinson's Brandeis lecture at Pepperdine focuses on the role and types of compromises made during several stages of constitutional processes, formative and constitutive, interpretive and on-going, as negotiated by Constitutional meaning makers (drafters and Supreme Court 'deciders'), and post hoc justifications. This essay discusses recent work on compromise as institutional design, pragmatic or principled, and regime defining and sustaining. Both the pejorative (compromise is unprincipled) and more positive (compromise accounts for the 'reality' and moral existence of different sides of an issue or polity) understandings of compromise are reviewed, in light of Professor Levinson's scholarship on …
Compromise And Constitutionalism, Sanford Levinson
Compromise And Constitutionalism, Sanford Levinson
Pepperdine Law Review
Professor Levinson explores compromises (1) that went into the making of the United States Constitution, and (2) that have occurred in the Supreme Court's constitutional interpretation. He explores these compromises in light of Israeli philosopher Avishai Margalit's distinction between bad compromises and rotten compromises. "Rotten compromises" are indefensible except, perhaps, in the most exceptional of conditions. A "rotten political compromise" is one that agrees "to establish or maintain an inhuman regime, a regime of cruelty and humiliation, that is, a regime that does not treat humans as humans." Under this standard, Levinson identifies as rotten compromises the Constitution's protection of …
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
Pepperdine Law Review
This article is a rebuttal to the writings of those advocating the view that America was formed through compromise and that compromise in modern constitutional law is, therefore, necessary and beneficial. A recount of the “compromises” at the Constitutional Conventional that eventually led to the approval and protection of slavery begins the analysis establishing the danger of Americans compromising over constitutional protections. The article continues on, discussing the Compromise of 1850 and its drafters whom others have considered “passionately devoted to the Union”, like John Calhoun, who would later assert that the Constitution was expendable. The Compromise of 1850 did …
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Pepperdine Law Review
No abstract provided.