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Full-Text Articles in Law
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Privacy, Minimalism, And Perfectionism, Charles A. Kelbley
Privacy, Minimalism, And Perfectionism, Charles A. Kelbley
Fordham Law Review
No abstract provided.
Second-Order Perfectionism, Cass R. Sunstein
The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming
The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming
Fordham Law Review
No abstract provided.
The Fit Dimension, Abner S. Greene
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Fordham Urban Law Journal
This Comment examines the conflicting demands on American courts to safeguard the will of the legislature, ensure the protection of the minority, and resolve particular disputes and redress particular injuries. The manner and scope in which a court theorizes is critical as it binds future courts and litigants to its decisions. Professor Cass Sunstein proposes a jurisprudence of minimalism and supports theoretical modesty in the form of the "incompletely theorized agreement", the notion that individuals can agree on less theorized principles to resolve cases at hand without resorting to high-level theoretical pronouncements. This Comment addresses Sunstein's minimalist regime within the …