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Full-Text Articles in Law
Disagreement And Interpretation, Robert F. Nagel
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."'
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
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.
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. …