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In Tribute: Frank I. Michelman
(Harvard University, Harvard Law School, 2012)
The Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe
(University of Tulsa College of Law, 2006)
Three linked puzzles arise with the constitutionality of public funding private schools - where the funding scheme excludes religious schools: how can the demands of both the Establishment and Free Exercise clause be ...
In Favor of Foxes: Pluralism as Fact and Aid to the Pursuit of Justice
(The Boston University School of Law, 2010)
How admirable it is to use words to resolve conflicts between people. Using words rather than fists or bombs is valuable not only because it avoids physical destruction but also because it lays the predicate for more ...
In Memoriam: Bernard Wolfman
(Harvard University, Harvard Law School, 2012)
Confronting the Seduction of Choice: Law, Education and American Pluralism
(Yale Law School, 2011)
School choice policies, which allow parents to select among a range of options to satisfy compulsory schooling for their children, have arisen from five periods of political and legal struggle. This Feature considers the ...
The Controversial Status of International and Comparative Law in the United States
(Harvard Law School, 2010)
In recent years, I have watched the swirling debate over whether the United States courts should consult international or comparative law. As a law professor, the debate has puzzled me, for international and comparative ...
Is Pluralism an Ideal or a Compromise: An Essay for Carol Weisbrod
(University of Connecticut School of Law, 2008)
How much room should a secular democracy ensure for religious and ethnic subgroups - and when it does so, is this a matter of normative principle or instead a compromise of principles? A prime context for this question ...
In Favor of Foxes: Pluralism As Fact and Aid to the Pursuit of Justice
(The Boston University School of Law, 2010)
How admirable it is to use words to resolve conflicts between people. Using words rather than fists or bombs is valuable not only because it avoids physical destruction but also because it lays the predicate for more ...
Accommodating Integration
(University of Pennsylvania Law Review, 2008)
In Integrating Accommodation, Elizabeth Emens commendably scrutinizes what could be called the "positive externalities" of disability accommodation and sharpens the policy choices that their recognition should present. ...
After Brown: What Would Martin Luther King Say?
(Lewis & Clark Law Review, 2008)
The occasion of the first Martin Luther King Jr. Day Speech at Lewis and Clark Law School, following on the heels of the Supreme Court’s rejection of two voluntary racial school integration plans, warrants revisiting the ...