Constitutional Commentary articles from March 1998

Constitutional Commentary archives from March 1998

Diversity and meritocracy in legal education: a critical evaluation of Linda F. Wightmans's "the threat to diversity in legal education." (response to Linda F. Wightman, New York University Law Review, vol. 72, p. 1, 1997)
March 22, 1998... The debate over racial preferences in admissions to higher education has grown more heated than ever, now that a vote by the Regents of the University of California and the passage of Proposition 209 have compelled the university to admit...

Through a different lens: a reply to Stephan Thernstrom. (response to article by Stephan Thernstrom in this issue, p.11)
March 22, 1998... In a continuation of the debate over the role of preferential admissions in higher education, Professor Stephan Thernstrom prepared an evaluation of my study The Threat to Diversity in Legal Education: An Empirical Analysis of the Consequences...

A very new lawyer's first case: Brown v. Board of Education.
March 22, 1998... They asked the FBI three times to find me that mid-August weekend in 1953. They couldn't do it. Maybe I should have held up a bank or two. They turned the job over to the Harvard Law School grapevine, and within two hours I had a telegram from...

Ducking Dred Scott: a response to Alexander and Schauer. (response to Larry Alexander and Frederick Schauer, Harvard Law Review, vol. 110, p. 1359, 1997)
March 22, 1998... In their article entitled "On Extrajudicial Constitutional Interpretation,"(1) Larry Alexander and Frederick Schauer promise to provide an "unqualified" defense of the rule of judicial supremacy announced in Cooper v. Aaron.(2) According to...

Is a coherent theory of religious freedom possible?
March 22, 1998... Is a theory of religious freedom possible? It's obvious that we can and do talk about and argue about issues of religious freedom--school prayer, aid to parochial schools, and so forth. But a "theory" entails something more than "talk," or ad...

The new sovereignty and the old constitution: the chemical weapons convention and the Appointments Clause.
March 22, 1998... A noted scholar on foreign affairs law has declared, "[n]o provision in any treaty has been held unconstitutional by the Supreme Court and few have been seriously challenged there.(1) The Constitution appears to subject treaties and executive...

The Chemical Weapons Convention: political and constitutional issues.
March 22, 1998... I. INTRODUCTION While 160 nations have signed the Chemical Weapons Convention ("CWC"), only 75 countries have ratified it thus far. On April 25, 1997, after years of political maneuvers, the U.S. Senate finally added the United States...

Constitutional Law.
March 22, 1998... CONSTITUTIONAL LAW. By Gerald Gunther & Kathleen M. Sullivan. Westbury, New York: Foundation Press. 13th edition, 1997. Pp. xciii, 1553. Cloth, $55.95. The two leading casebooks on Constitutional Law(1)--one an acknowledged classic and the...

Constitutional Law.
March 22, 1998... CONSTITUTIONAL LAW. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet. Boston: Aspen Law and Business Education. 3d Edition, 1996. Pp. ciii, 1814. Cloth, $60.00. The two leading casebooks on Constitutional...

Beyond All Reason: The Radical Assault on Truth in American Law.
March 22, 1998... BEYOND ALL REASON: THE RADICAL ASSAULT ON TRUTH IN AMERICAN LAW. Daniel Farber(1) & Suzanna Sherry.(2) New York, NY: Oxford University Press. 1997. Pp. 208. $25.00. Daniel Farber and Suzanna Sherry have written a fair-minded and heartfelt...

Separating Power: Essays on the Founding Period.
March 22, 1998... SEPARATING POWER: ESSAYS ON THE FOUNDING PERIOD. By Gerhard Casper.(1) Harvard University Press. 1997. Hardcover, 202 pages. $27.00. This little book is offered as a group of "essays and claim[s] to be no more." (p. 6) It consists of a...