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Full-Text Articles in Law
The Roberts Court Vs. Free Speech, David Cole
The Roberts Court Vs. Free Speech, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Constitutional Culture Or Ordinary Politics: A Reply To Reva Siegel, Robin West
Constitutional Culture Or Ordinary Politics: A Reply To Reva Siegel, Robin West
Georgetown Law Faculty Publications and Other Works
Reva Siegel's lecture, ‘Constitutional Culture, Social Movement Conflict and Constitutional Change: The Case of the de Facto ERA,’ explores the interaction between the courts and social movements in creating constitutional meaning. In the primary part of this response I focus my comments on Siegel's three major contributions: First, the historical explanation of the source of the Court's authority in the development of the so-called de facto ERA; second, the articulation of a general, jurisprudential thesis regarding social contestation as a source of constitutional authority apart from text, history, and principle; and third, the quasi-sociological descriptive account of the form social …
Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus
Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The essay is divided into three parts. Part I considers the ways in which the need for environmental law derives from the tendency of human nature to cause adverse environmental consequences and the ways in which the laws of nature make it more difficult to prevent those consequences absent the imposition of external legal rules. Part II describes how our nation's lawmaking institutions are similarly challenged by the laws of nature. This includes a discussion of how the kinds of laws necessary to bridge the gap between human nature and the laws of nature are systematically difficult for our lawmaking …
"Meet The New Boss": The New Judicial Center, Mark V. Tushnet
"Meet The New Boss": The New Judicial Center, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
A document entitled ‘Guidelines on Constitutional Litigation’ published in 1988 by the Reagan era Department of Justice is the springboard for Professor Tushnet's discussion of the Supreme Court's "new center. " The Guidelines urged Department of Justice litigators to foster a nearly exclusive reliance on original understanding in constitutional interpretation and to resort to legislative history only as a last resort. The Guidelines also advised Department of Justice litigators to seek substantive legal changes including more restrictive standing requirements, an end to the creation of unenumerated individual rights, greater constitutional protection of property rights, and greater limits on congressional power. …
Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet
Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the speculation has been that …
"Shut Up He Explained", Mark V. Tushnet
"Shut Up He Explained", Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
Part I of this Commentary examines the conversational model of politics. I argue that the virtues Bennett finds in the conversational model exist only when, and to the extent that, participants in civil and political society can engage in undominated conversation. The requirement that conversation be undominated generates a substantial set of social prerequisites, mostly dealing with equality. And yet, determining what social arrangements actually satisfy those prerequisites is itself a matter of constitutional controversy. Resolving such controversies through politics is no solution, because the political arena is where we seek to ensure that nondomination prevails in civil society, and, …