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Full-Text Articles in Law

A Failed Critique Of State Constitutionalism, David Schuman Nov 1992

A Failed Critique Of State Constitutionalism, David Schuman

Michigan Law Review

James A. Gardner begins The Failed Discourse of State Constitutionalism with a story describing "the experience of a great many lawyers in this country." The protagonist is an attorney whose client has an unlawful discrimination claim that for some reason cannot succeed under the U.S. Supreme Court's current equal protection jurisprudence. The attorney decides to present an argument based on her state constitution's equality guarantee, only to discover that the universe of material from which a plausible argument, not to mention a rich discourse, might emerge - existing case law and scholarship, "useful tidbits" of constitutional history and philosophy from …


On Reading The Constitution, Bruce Fein May 1992

On Reading The Constitution, Bruce Fein

Michigan Law Review

A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf


The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp May 1992

The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp

Michigan Law Review

A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie


Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow Jan 1992

Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow

Reviews

We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …


An Interpretivist Agenda, Gary S. Lawson Jan 1992

An Interpretivist Agenda, Gary S. Lawson

Faculty Scholarship

As I write these words, bevies of law clerks assigned to cases involving the Bill of Rights are dutifully editing their bench memos for publication in the national reporter system. Once printed, these bench memos will be solemnly treated by lawyers, scholars, other law clerks, and the occasional judge who runs across them as legally significant, or even binding, interpretations of the Constitution. Two features of this burgeoning mass of otherwise unpublishable law review comments bear mention. First, most of them are tedious, tendentious, pretentious, and badly reasoned when reasoned at all, just as one would expect from authors who …


Constitutional Interpretation, Terrance Sandalow Jan 1992

Constitutional Interpretation, Terrance Sandalow

Book Chapters

"[W]e must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding." Marshall meant that the Constitution should be read as a document "intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs." But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects." Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing …


Against Constitutional Theory, Paul Campos Jan 1992

Against Constitutional Theory, Paul Campos

Publications

No abstract provided.