Papers by Carol Nackenoff
OUP Catalogue, 1994
So far as success in the world is concerned, all depends upon a. few short years-upon the charact... more So far as success in the world is concerned, all depends upon a. few short years-upon the character you form in this spring season of your being.
Cambridge University Press eBooks, Nov 8, 2023
The complete independence of the courts of justice is peculiarly essential in a limited Constitut... more The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing. Alexander Hamilton, Federalist 78 (2003 [1787-1788]) introduction The United States was not constituted to give unlimited sway to popular sovereignty. 1 Political institutions designed in the founding era were designed to check, as well as give voice to, the will of majorities. At the end of the eighteenth century, the idea of a written constitution as fundamental law, whose provisions had a status higher and apart from ordinary statute law was new, yet the framers understood the new constitution to place certain matters beyond the purview of the legislative -or the executive -authority. 2 Delegates who met in Philadelphia in 1787 and who drafted the constitution expressed real 14
RePEc: Research Papers in Economics, 1994
So far as success in the world is concerned, all depends upon a. few short years-upon the charact... more So far as success in the world is concerned, all depends upon a. few short years-upon the character you form in this spring season of your being.
Routledge eBooks, Jun 9, 2020
The current attack on the administrative state and its more inclusive policies is accompanied by ... more The current attack on the administrative state and its more inclusive policies is accompanied by a push to limit judicial deference to administrative rulemaking. This recent trend stands in tension with the #MeToo movement and a shift in constitutional culture regarding sexual misconduct that has been developing over several decades. While the Equal Employment Opportunity Commission has continued to expand what counts as discrimination on the basis of sex under Title VII of the 1964 Civil Rights Act (recently adding sexual orientation to that list), and the Supreme Court has recognized some of these expansions, #MeToo invites rethinking what Title VII has and has not accomplished for women, why, likely prospects for addressing sexual misconduct, and the limits of law.
Choice Reviews Online, Jul 1, 1995
Were I to define what I mean by character, I say it is that which makes free and intelligent bein... more Were I to define what I mean by character, I say it is that which makes free and intelligent beings have confidence in you, John Todd, The "Young Man: Hints Addressed to the "Young Men of the United States 2 Almost all of the products of Alger's pen featured-and were directed toboys and girls on the verge of adolescence. If those addressed stood on the threshhold of life and their habits were just becoming formed, they increasingly faced this critical period of life away from home. 3 In antebellum America, "a number of clergymen, teachers, and sentimental writers confronted the moral problem generated by... mass migration [from the country to booming cities] in dozens of manuals of advice to American youth ..." 4 Alger, too, directed his attention to youth who, leaving familiar surroundings and community networks for the city in ever-increasing numbers and at ever-younger ages, were cut adrift from traditional moral influences of family, clergy, and friends. In dangerous new surroundings, the young must learn to grow and adapt while keeping their identity as members of the Republic intact.
Ronald Kahn has contributed importantly to understanding the Court\u27s principled decision-makin... more Ronald Kahn has contributed importantly to understanding the Court\u27s principled decision-making and members\u27 awareness of changing social facts. He sees a Court that is responsive to changes in lived lives and that is increasingly rights-protective even as its membership became more conservative. Kahn expects continued Court recognition of emerging fundamental rights because most members engage in bidirectional decision-making and regard certain social facts as precedential. This essay contends that heavy focus on gay rights, with decisions authored by Justice Anthony Kennedy, generates a skewed image of the Court; gay rights may be an outlier. Justices also embrace polity and rights principles that result in rights-protective decisions that do not readily fit a progressive narrative. The fact that Republican presidents have made a large majority of recent Court appointments but that Roe v. Wade remains and gay rights have been affirmed also makes sense when looking at who replaced whom from 1981 to 2018
The Journal of American History, Dec 1, 2022
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Papers by Carol Nackenoff