Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
Faculty Scholarship
This commentary responds to Waldron’s “Human Rights: A Critique of the Raz/Rawls Approach”. It points out that some supposed criticisms are nothing more than observations on conditions that any account of rights must meet, and that Waldron’s objections to Raz are due to misunderstanding his thesis and its theoretical goal. The short comment tries to clarify that goal.
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.