Tag Archives: Constitutionalism

Wolf on Conservative Constitutionalism & Environmental Law

Michael Allan Wolf (University of Florida – Fredric G. Levin College of Law) has posted Right Environmentalism: Repurposing Conservative Constitutionalism (Arizona State Law Journal, Vol. 50, No. 2, 2018) on SSRN.  Here is the abstract: The new normal of environmental law will … Continue reading

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Reinvigorating “Defensive Crouch Liberal Constitutionalism” Part 2: Will Clarence Thomas Save Abortion Rights?

by Michael Dorf (cross-posted on Take Care Blog)If the Senate confirms Judge Brett Kavanaugh to replace Justice Anthony Kennedy, the Supreme Court will almost certainly move to the right on a range of issues, most prominently abortion, where Kennedy wrote or … Continue reading

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Can State Supreme Courts Protect Liberal Constitutionalism in the Coming Era of Reactionary SCOTUS Jurisprudence?

With President Trump’s nomination of Judge Brett Kavanaugh to fill the Supreme Court seat that Justice Anthony Kennedy will soon vacate, media attention has now shifted to the coming “battle” over his confirmation. Yet the outcome of that battle is … Continue reading

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Macias on Utilitarian Constitutionalism: A Comparison of Bentham & Madison @SIUSchoolofLaw

Steven J. Macias, Southern Illinois University School of Law, is publishing Utilitarian Constitutionalism: A Comparison of Bentham & Madison in volume 11 of the NYU Journal of Law & Liberty (2018). Here is the abstract. Jeremy Bentham (1748–1832), the father … Continue reading

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Pragmatist Constitutionalism in Comparative Perspective

David Landau, Legal Pragmatism and Comparative Constitutional Law, in Elgar Handbook on Comparative Constitutional Theory (forthcoming 2018), available at SSRN. Mark Kende Law is a practical field. It resolves concrete disputes. Constitutional law, however, is often thought of as more theoretical … Continue reading

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