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Reading the Constitution as Written: Paradigm Case Interpretation

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0010
Subject:
Philosophy, Political Philosophy

This chapter focuses on reading the Constitution as written text, more specifically, as a project in temporally extended, commitmentarian self-government. By reading the Constitution this way, a ... More


Sex Discrimination and Race Preferences

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0011
Subject:
Philosophy, Political Philosophy

In 1873, the courts upheld in Bradwell v. Illinois a state statute excluding women from the practice of law, a decision that was almost certainly consistent with the Fourteenth Amendment's original ... More


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