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The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore
The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore
Faculty Scholarship
It is emphatically the province and duty of the President to say what the law is, including the law embodied in the Federal Constitution. In the mid-1980s, a claim of this sort would have been received by the legal intelligentsia with some combination of bemusement and outrage. One would have heard, loudly and often, that it is the special province of the federal courts to declare the meaning of the Constitution, -Lnd that any attempt to question the judiciary's supreme interpretative role, especially in favor of an interpretative role for the President, was an attack on the rule of law …
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Facilitating Choice: Judging The Physician's Role In Abortion And Suicide, George J. Annas
Faculty Scholarship
When I was invited to give this talk I thought, "I'll just give my standard slide show on death in America." I thought I would just talk about the right to die, something I can do in my sleep, and everybody would be happy. And you probably would, since it's a pretty good speech. I am going to give it at a Pennsylvania Judges Conference in a couple of weeks, and they will like it. But it is not very challenging, either for me or for you. So, what I want to explore with you today is how judges have …
Legal Indeterminacy: Its Cause And Cure, Gary S. Lawson
Legal Indeterminacy: Its Cause And Cure, Gary S. Lawson
Faculty Scholarship
Legal indeterminacy--the extent to which any particular legal theory cannot provide knowable answers to concrete problems is one of the principal themes of modern jurisprudence. Indeterminacy plays an important role in debates concerning interpretation, the nature of legal obligation, and the character and possibilities of the rule of law. Indeterminacy looms particularly large in debates concerning originalism as a method of constitutional interpretation. Some scholars insist that originalism resolves too few problems to be of much use, while others argue that originalism's indeterminacy is often overstated.
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Fleming
Constitutional Tragedy In Dying: Responses To Some Common Arguments Against The Constitutional Right To Die, James E. Fleming
Faculty Scholarship
I shall argue for the constitutional right to die, including the right of terminally ill persons to physician-assisted suicide. Indeed, I shall argue that it would be a constitutional tragedy if the Supreme Court were to hold that the Constitution does not protect such a right to die,2 and thus to overrule the Ninth Circuit decision in Compassion in Dying v. Washington3 (to say nothing of the Second Circuit decision in Quill v. Vacco4). First, such a holding would entail that the Constitution sanctions a grievous wrong, a horrible form of tyranny: allowing the state to impose upon some citizens, …