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Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
Cornell Law Faculty Publications
Ancient mythology, literary fiction, and modern science fiction films all recount a similar cautionary tale: human ingenuity gives rise to a powerful invention, but through human fallibility and, in some tellings, venality, the invention becomes a monster and turns on its creators. Perhaps the most famous example is Mary Shelley's Frankenstein, in which Dr. Frankenstein's attempt to fashion a living man from the dead remains of others succeeds, only then to go horribly awry. Such stories are timeless because they warn of the dangers of indelible features of human nature: hubris and short-sightedness. Recent large-scale catastrophes such as the 2010 …
Who Decides On Security?, Aziz Rana
Who Decides On Security?, Aziz Rana
Cornell Law Faculty Publications
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …
Defending The Right To Do Wrong, Ori J. Herstein
Defending The Right To Do Wrong, Ori J. Herstein
Cornell Law Faculty Publications
Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder's wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one's violation of one's own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition for an autonomous life and for autonomous moral self-constitution. This view has its critics. Responding to these objections reveals …