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COMMENTS BY A CANTANKEROUS CRANK ON "CONSTITUTIONAL THEORY," THE SUPREME COURT, AND THE LEGAL ACADEMY.

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Titel: COMMENTS BY A CANTANKEROUS CRANK ON "CONSTITUTIONAL THEORY," THE SUPREME COURT, AND THE LEGAL ACADEMY.
Autoren: LEVINSON, SANFORD
Quelle: Wisconsin Law Review; 2025, Vol. 2025 Issue 2, p483-508, 26p
Schlagwörter: LEGAL education, ORIGINALISM (Constitutional interpretation), REFORMS, CONSTITUTIONAL law, LAW schools, APPELLATE courts, LEGISLATIVE bodies, CONSTITUTIONAL conventions
Geografische Kategorien: UNITED States
Firma/Körperschaft: UNITED States. Supreme Court
Abstract: The article critiques the focus on Supreme Court decisions in legal education, arguing that it distorts students' understanding of constitutional theory and American democracy. It discusses the limitations of originalism as a theory of constitutional interpretation and calls for a reevaluation of the Constitution's structural flaws, advocating for a new constitutional convention. The text explores the historical context and implications of transformative constitutional change in the United States, questioning the justification for compromises that dehumanize others and highlighting the challenges of achieving genuine reform in the current political climate. It also emphasizes the role of the judiciary, Congress, and the need for comprehensive legislative action to address systemic issues, raising concerns about the effectiveness of political institutions and the legal academy in addressing pressing societal challenges. [Extracted from the article]
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Datenbank: Complementary Index
Beschreibung
Abstract:The article critiques the focus on Supreme Court decisions in legal education, arguing that it distorts students' understanding of constitutional theory and American democracy. It discusses the limitations of originalism as a theory of constitutional interpretation and calls for a reevaluation of the Constitution's structural flaws, advocating for a new constitutional convention. The text explores the historical context and implications of transformative constitutional change in the United States, questioning the justification for compromises that dehumanize others and highlighting the challenges of achieving genuine reform in the current political climate. It also emphasizes the role of the judiciary, Congress, and the need for comprehensive legislative action to address systemic issues, raising concerns about the effectiveness of political institutions and the legal academy in addressing pressing societal challenges. [Extracted from the article]
ISSN:0043650X
DOI:10.59015/wlr.YBDI2290