Constitutional Law Commons^™

Beyond The Constitution, Christopher J. Peters

Michigan Law Review

A Review of Beyond the Constitution by Hadley Arkes

Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke

Michigan Law Review

A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Negative Constitution: A Critique, Susan Bandes

Michigan Law Review

Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Michigan Law Review

A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson

The Virtue Of Liberality In American Communal Life, Linda R. Hirshman

Michigan Law Review

This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Virtues And Voices, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an …

Probing Bork's Judicial Philosophy, Gerard V. Bradley

Journal Articles

Robert Bork: The Tempting of America. (New York: The Free Press, 1989. Pp. xiv, 432. $22.50.)

In the last third of The Tempting of America Robert Bork relives the painful ordeal of his lost nomination to the Supreme Court. Any sentient American then alive already knows that story: the campaign against him was full of half-truths, distortions, and just plain lies. Bork adds some confirming anecdotes, and I congratulate him for telling the tale candidly but without rancor. The loss is ours. In my opinion, Bork would have been among the two or three greatest justices of the last …

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Constitution's Accommodation Of Social Change, Philip A. Hamburger

Michigan Law Review

Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?

The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Justices Don't Own The Constitution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Is The Death Penalty Good For Us?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals