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Tag: Constitution

Paradoxes of Constitutional Processes

Paradoxes of Constitutional Processes

Donald L. Horowitz— Suppose you were advising a constitutional assembly chosen to produce a new constitution for a troubled country. Most constitutions are created because some trouble has occurred: the… READ MORE

Constitutional Reform

Constitutional Reform

Robinson Woodward-Burns— The federal framers signed the Constitution in Philadelphia on September 17, 1787. The following July 4, Philadelphians celebrated the Constitution’s ratification with a mile-long “Grand Federal Procession,” led… READ MORE

Bostock and Originalism

Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title… READ MORE

The End of Conservatism

The End of Conservatism

Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from… READ MORE

Sense of righteousness

Sense of righteousness

Robert A. Burt— The judicial task is not mechanistic but properly and necessarily involves judgment. In particular, judges must understand themselves as ultimately promoting equal deliberation among conflicting parties rather… READ MORE

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