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Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna Jun 2010

Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna

Scholarly Articles

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Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller Jan 2010

Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller

Scholarly Articles

Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …


The Vanity Of Dogmatizing, Marc O. Degirolami Jan 2010

The Vanity Of Dogmatizing, Marc O. Degirolami

Scholarly Articles

The year 1661 saw the publication of Joseph Glanvill's The Vanity of Dogmatizing, a polemic advocating an intellectual break from Aristotle and the Schoolmen in favor of the sort of empiricism that eventually came to fruition in the philosophy of David Hume. Glanvill was deeply irritated by what he perceived as the encrusted academic orthodoxies of his age: "The Disease of our Intellectuals," he railed, "is too great, not to be its own [evidence]: And they that feel it not, are not less sick, but stupidly so.' What was needed was a skeptical cast of mind- thinkers who would shatter …