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How to be a hero of liberty: you may have to gild the lily ...
WHEN historian Doris Kearns Goodwin was accused of plagiarism, Laurence Tribe rushed to her defense. The Harvard Crimson had published an editorial demanding that Goodwin resign from Harvard's board. Tribe, a professor of constitutional law at Harvard Law School, wrote a letter to the Crimson criticizing its editorial as "utter nonsense." His friend Goodwin was guilty of some "sloppy" and "inadequate" footnoting--but of nothing worse. "[U]nlike any number of historians and others who have been caught falsifying as fact what was, in truth, fantasy--either about their own lives or about the events they were chronicling--Goodwin has not been accused, and could not plausibly ...
- The inescapable federalism of the Ninth Amendment.
- Magazine article from: Iowa Law Review Lash, Kurt T. March 1, 2008 700+ words
...courts and commentators have viewed the Ninth Amendment as a provision justifying judicial...of this libertarian reading of the Ninth Amendment has been Professor Randy Barnett...number of articles and books that the Ninth Amendment was originally understood as guarding...
- Of inkblots and originalism: historical ambiguity and the case of the Ninth...
- Magazine article from: Harvard Journal of Law & Public Policy Lash, Kurt T. March 22, 2008 700+ words
...Griswold v. Connecticut, (1) the Ninth Amendment has been a flashpoint in debates over...s comparison of interpreting the Ninth Amendment to reading a text obscured by an inkblot...metaphor has been attacked as erasing the Ninth Amendment from the Constitution, and as representing...
- NINTH AMENDMENT IS TRICKY TO INTERPRET.(Main)
- Newspaper article from: Albany Times Union (Albany, NY) May 12, 1991 700+ words
...others retained by the people. the Ninth Amendment The powers not delegated to the United...10th Amendment The language of the Ninth Amendment is simple; its meaning is not. Although...are wrestling with the scope of the Ninth Amendment for the first time and turning to...
- A textual-historical theory of the Ninth Amendment.
- Magazine article from: Stanford Law Review Lash, Kurt T. February 1, 2008 700+ words
...or disparage other rights" D. The Ninth Amendment and Enumerated Rights E. The Other...People B. The Collective People of the Ninth Amendment C. Summing Up the Semantic Meaning...INTRATEXTUALISM: THE TEXT OF THE NINTH AMENDMENT IN THE CONTEXT OF THE CONSTITUTION...
- Retained by the People: The "Silent" Ninth Amendment and the Constitutional...
- Magazine article from: Constitutional Commentary Lash, Kurt T. June 22, 2009 700+ words
...RETAINED BY THE PEOPLE: THE "SILENT" NINTH AMENDMENT AND THE CONSTITUTIONAL RIGHTS AMERICANS...opponents' energy against them The Ninth Amendment (3) presents an irresistible mystery...definitional clarity also makes the Ninth Amendment something of a desideratum for those...
- Kurt Lash's majoritarian difficulty: a response to a textual-historical theory...
- Magazine article from: Stanford Law Review Barnett, Randy E. February 1, 2008 700+ words
...When it comes to interpreting the Ninth Amendment, Kurt Lash and I agree about many...discusses to support his belief that the Ninth Amendment originally referred to "collective...not a right to be affirmed by the Ninth Amendment. Following Akhil Amar's collectivist...
- The Ninth Amendment and the Politics of Creative Jurisprudence.
- Magazine article from: American Political Science Review Zuckert, Michael P. June 1, 1997 700+ words
The Ninth Amendment and the Politics of Creative Jurisprudence...ostensible subject of the book, the Ninth Amendment. For one, it is not really a...is not his intent "to place the Ninth Amendment in its historical context" (i...
- Why not just repeal the forgotten Ninth...
- Newspaper article from: The Washington Times January 14, 1997 700+ words
...Supreme Court does not mention the Ninth Amendment once ("High court wrestles with...judges who likewise ignore it). The Ninth Amendment states: "The enumeration in the...consider repealing the "forgotten" Ninth Amendment. After all, it seems to be written...
Source: HighBeam Research, How to be a hero of liberty: you may have to gild the lily ...