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In Tribute: Frank I. Michelman
(Harvard University, Harvard Law School, 2012)
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 ...
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 ...
Single-Sex Public Schools Before and After Vorchheimer v. School District of Philadelphia
(Foundation Press, 2010)
Affordable Convergence: “Reasonable Interpretation” and the Affordable Care Act
(Harvard Law School, 2012)
The constitution of the United States is to receive a reasonable interpretation of its language, and its powers, keeping in view the objects and purposes, for which those powers were conferred. By a reasonable interpretation, ...
"A Proper Objective": Constitutional Commitment and Educational Opportunity after Bolling v. Sharpe and Parents Involved in Community Schools
(Howard Law School, 2012)
“Segregation in public education is not reasonably related to any proper governmental objective, and thus it imposes on Negro children of the District of Columbia a burden that constitutes an arbitrary deprivation of their ...
Seeing, Bearing, and Sharing Risk: Social Policy Challenges for Our Time
(Oxford University Press, 2012)