Law Commons^™

A Reply--The Missing Portion, Pierre Schlag

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No abstract provided.

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

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No abstract provided.

Authorizing Interpretation, Pierre Schlag

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No abstract provided.

Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Advocacy And Scholarship, Paul F. Campos

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The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

Name-Calling And The Clear Error Rule, Robert F. Nagel

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No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

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No abstract provided.