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Full-Text Articles in Law
Foreword: Public Constitutional Literacy; A Conversation, Melissa Hart
Foreword: Public Constitutional Literacy; A Conversation, Melissa Hart
Publications
No abstract provided.
Reluctant Judicial Factfinding: When Minimalism And Judicial Modesty Go Too Far, Scott A. Moss
Reluctant Judicial Factfinding: When Minimalism And Judicial Modesty Go Too Far, Scott A. Moss
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No abstract provided.
An External Perspective On The Nature Of Noneconomic Compensatory Damages And Their Regulation, Ronald J. Allen, Alexia Brunet, Susan Spies Roth
An External Perspective On The Nature Of Noneconomic Compensatory Damages And Their Regulation, Ronald J. Allen, Alexia Brunet, Susan Spies Roth
Publications
No abstract provided.
Beyond Interpretation, Pierre Schlag
Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi
Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi
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No abstract provided.
Introduction: Symposium On Constitutional Elitism, Robert F. Nagel
Introduction: Symposium On Constitutional Elitism, Robert F. Nagel
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No abstract provided.
Authorizing Interpretation, Pierre Schlag
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
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No abstract provided.
Playing Defense, Robert F. Nagel
Playing Defense, Robert F. Nagel
Publications
Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.
In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Three Mistakes About Interpretation, Paul Campos
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
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No abstract provided.
Liberals And Balancing, Robert F. Nagel
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
Judicial Immunity And Sovereignty, Robert F. Nagel