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Full-Text Articles in Law
Religion And Democracy, Steven H. Shiffrin
Religion And Democracy, Steven H. Shiffrin
Cornell Law Faculty Publications
Should citizens armed with religious reasons for public policy outcomes present those reasons in the public forum or otherwise rely on them in making decisions? Those questions have produced a flurry of scholarship, both within and outside of the law. Moreover, as Kent Greenawalt's work richly demonstrates, these related questions raise many more questions still. Do the answers to those questions differ, for example, if the citizen is a judge, a legislator, a columnist, a religious leader, or a "mere" voter? Are some religious reasons acceptable for presentation in a public forum, but not others?
If one holds a constricted …
Create Your Own Constitutional Theory, Michael C. Dorf
Create Your Own Constitutional Theory, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Should Progressives Support The Constitution?, Steven H. Shiffrin
Should Progressives Support The Constitution?, Steven H. Shiffrin
Cornell Law Faculty Publications
In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Cornell Law Faculty Publications
Be Careful What You Wish For, Michael C. Dorf
Be Careful What You Wish For, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.