Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Three Mistakes About Interpretation, Paul Campos
Three Mistakes About Interpretation, Paul Campos
Michigan Law Review
The single most important word in modem constitutional theory is "interpretation." The single most confusing word in modem constitutional theory is "interpretation." What accounts for this unhappy state of affairs?
I will try to show that Barry Friedman's assertions, as well as others that are but rephrasings of the same basic ideas, are not the common sense truths that so many constitutional theorists assume them to be, but are instead the products of an extraordinarily confused and ultimately incoherent set of assumptions regarding the interpretation of language.
Constitutional Judgment, Gene R. Nichol
Constitutional Judgment, Gene R. Nichol
Michigan Law Review
A Review of Constitutional Interpretation by Philip Bobbitt
The Nonsupreme Court, Kathleen M. Sullivan
The Nonsupreme Court, Kathleen M. Sullivan
Michigan Law Review
A Review of The Constitution in Conflict by Robert A. Burt
The Care And Feeding Of The United States Constitution, Abner J. Mikva
The Care And Feeding Of The United States Constitution, Abner J. Mikva
Michigan Law Review
A Review of The Intelligible Constitution by Joseph Goldstein
Apple Of Gold: Constitutionalism In Israel And The United States, Cynthia A.M. Stroman
Apple Of Gold: Constitutionalism In Israel And The United States, Cynthia A.M. Stroman
Michigan Law Review
A Review of Apple of Gold: Constitutionalism in Israel and the United States by Gary Jeffrey Jacobsohn
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens
Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens
Faculty Articles
One of the enduring myths of American history, including constitutional history, is that of the “Great Man” or “Great Woman.” The idea is that, to understand the history of America, one needs to understand the impact made by Great Men and Women whose actions affected the course of history. In political history, one assays the development of the United States through the lives of great Americans, from the “Founders” to Abraham Lincoln to John F. Kennedy. Similarly, in constitutional history, the story is told through key figures, the “Great Judges,” from John Marshall to Oliver Wendell Holmes to Earl Warren. …
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
Publications
No abstract provided.
Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow
Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow
Articles
Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'