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The Natural Rights-Based Justification For Judicial Review, James E. Fleming
The Natural Rights-Based Justification For Judicial Review, James E. Fleming
Faculty Scholarship
On this panel, we are to consider questions such as "What form should constitutional interpretation by courts take in light of our aspirations to a good society?" For example, should courts engage in "moral readings" of the Constitution by elaborating abstract moral principles of liberty and equality or by making moral arguments about fostering human goods or virtues? In his paper, Justifying the Natural Law Theory of Constitutional Interpretation, Professor Michael Moore defends a sophisticated and powerful version of a moral realist or natural law answer to these questions.2 He confesses that, despite numerous criticisms, his views on the desirability …
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.