Constitutional Commentary articles from June 2002

Constitutional Commentary archives from June 2002

A Kid's Guide to America's Bill of Rights.(Book Review)
June 22, 2002... Book by Kathleen Krull (3) I. INTRODUCTION A year or two ago, I was given this book. As soon as I saw the title, I liked it. Who would think that someone would write a book about law for kids? In fact, the answer may be "no one." I...

Smokey and the Bandit in cyberspace: the dormant commerce clause, the Twenty-First Amendment, and state regulation of Internet alcohol sales.
June 22, 2002... Recently, some federal judges have given oenophiles everywhere reason to rejoice by striking down, under the dormant Commerce Clause doctrine, venerable state laws that limit the import and sale of alcoholic beverages to customers directly. (1)...

Searching for the false shout of "fire".
June 22, 2002... "Schenck--and perhaps even Holmes himself--are best remembered for the example of the man 'falsely shouting fire' in a crowded theater." (1) So wrote Harry Kalven even as he repeated one of the two popular misstatements (2) of what Holmes...

Constitutionalism in an age of speed.
June 22, 2002... The fact of change has been so continual and so intense that it overwhelms our minds. We are bewildered by the spectacle of its rapidity, scope, and intensity.... Industrial habits have changed most rapidly; there has followed at considerable...

Certain illusions about speech: why the free-speech critique of hostile work environment harassment is wrong.
June 22, 2002... Can antidiscrimination laws punish hostile work environment harassment without infringing freedom of speech and expression? Consider the following examples of nude pictures displayed in different workplaces. Joan is the only woman welder...

Implementing the Constitution.(Book Review)
June 22, 2002... IMPLEMENTING THE CONSTITUTION. By Richard H. Fallon, Jr. (1) Harvard University Press. 2001. Pp. 186. $35.00. The first question many legal academics may ask upon seeing Implementing the Constitution is, "do we really need another...

Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution.(Book Review)
June 22, 2002... POLITICAL NUMERACY: MATHEMATICAL PERSPECTIVES ON OUR CHAOTIC CONSTITUTION. By Michael I. Meyerson (1). W. W. Norton and Company. 2002. Pp. 9, 287. Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has...

Mathematics and the legal imagination: a response to Paul Edelman.(in this issue, p. 459)
June 22, 2002... I was very flattered to read Paul H. Edelman's review of my book, Political Numeracy. (2) He is a first-rate mathematician and legal thinker, so his kind words are very much appreciated and his criticisms are taken seriously. (3) My goal...

Understanding the 2000 Election: A Guide to the Legal Battles That Decided the Presidency.(Book Review)
June 22, 2002... UNDERSTANDING THE 2000 ELECTION: A GUIDE TO THE LEGAL BATTLES THAT DECIDED THE PRESIDENCY. By Abner Greene. (1) 2001. Pp. 202. $19.95 It seems like everyone has written a book about the 2000 presidential election. I will content myself with...

Public Intellectuals: A Study of Decline.(Book Review)
June 22, 2002... PUBLIC INTELLECTUALS: A STUDY OF DECLINE. By Richard A. Posner. (1) Harvard University Press. 2001 Pp. 408. $29.95. Most Americans have never heard of Richard Posner, but law professors know that he is one of the country's more interesting...

Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations.(Book Review)
June 22, 2002... DESPERATELY SEEKING CERTAINTY: THE MISGUIDED QUEST FOR CONSTITUTIONAL FOUNDATIONS. By Daniel A. Farber (1) and Suzanna Sherry. (2) University of Chicago Press. 2002. Pp. 208. $25.00 It is a common complaint that constitutional argumentation...