Faculty Bibliography
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In the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
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This volume collects some of today's most original and important work at the intersection of feminism and political theory. A representative and wide-ranging set of readings on feminist political thought, the authors provide large-scale critiques, and in some instances reconstructions, of important strains in political thought, including notions of equality, rights-based justice, and contract theories. The fourteen essays are organized around four major themes: "The Question of a Different Voice: Care, Justice, and Rights," "Equality and Inequality in Politics and Elsewhere," "Coercion versus Consent, Public versus Private, and Sexuality," and "Trust and Responsibility."
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Unconstitutional Conditions Symposium: In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies issues too discreet and particular to be embodied in a general doctrine. Whether a condition is permissible is a function of the particular constitutional provision at issue; anything so general as an unconstitutional conditions doctrine is likely to be quite unhelpful. The author argues for particularism in cases involving unconstitutional conditions: for an inquiry into whether the particular infringement affects a protected interest in a constitutionally troublesome way, and, if so, whether the government is able to justify any such effect.
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This is the transcript of a panel discussion presented at the Fall Meeting of the Section of Administrative Law on October 10, 1986, at the International Club in Washington, D.C.
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Pornography: Social Science, Legal, and Clinical Perspectives, Symposium: Seventh Annual Conference of the National Association of Women Judges: Conference Presentations.
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Is it lawful for the executive branch not to take action to enforce the Affordable Care Act? The Clean Air Act? When may courts review agency inaction? This essay explores these questions, with reference to the leading Supreme Court decision on the topic. It offers an assortment of legitimate grounds on which courts may test the question whether a failure to enforce the law, or to issue regulations, should be invalidated.
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