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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.
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
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
Constitutional Judgment, Gene R. Nichol
Constitutional Judgment, Gene R. Nichol
Michigan Law Review
A Review of Constitutional Interpretation by Philip Bobbitt
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
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."'