Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Government Of The Good, Abner S. Greene
Government Of The Good, Abner S. Greene
Vanderbilt Law Review
Government "speaks" both directly through its own pronouncements and indirectly through funding private speech. Many scholars of both political theory and constitutional law have argued that government should not use its persuasive powers to promote contested notions of the good life. Whether the issue is providing information about childbirth without also providing information about abortion or insisting on adherence to decency standards when awarding cultural grants, scholars generally have maintained that government should avoid taking sides.
In this Article, Professor Greene supports the contrary position, advocating a vigorous role for government speech even in areas of great social contest. Government …
Stability And Change In Constitutional Law, Robert B. Mckay
Stability And Change In Constitutional Law, Robert B. Mckay
Vanderbilt Law Review
Constitutional law, like other law, is rooted in the conservative tradition of the legal system as a whole and thus more willingly pays court to the muse of history and the force of precedent than to the muse of sociology and the demand for revision. It is therefore not surprising that lawyers read constitutions as law, in the ordinary meaning of that word, and that judges apply constitutional provisions as they do other law...
The Constitution of the United States was not cast in legal mold by accident, but by design that was itself the product of ineluctable history. A …