Unenumerated rights: whether and how Roe should be overruled
Article Abstract:
There is no real distinction between enumerated and unenumerated rights in the Constitution. All rights must be interpreted based on the abstract principles of equality and liberty. The attempt to limit rights is due to the fear of judicial power. However, good argument and integrity provide better constraints. When this perspective is applied to abortion, for example, Roe v Wade represents a legitimate balance between the right of reproductive autonomy and the government's interest in promoting respect for the intrinsic value of human life.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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Indefinitely renewable copyright
Article Abstract:
A copyright system whereby copyrights could be renewed an infinite number of times would not be more economically inefficient than the present system of no renewal, or the pre-1978 system of limited renewal. Also, a system of infinite renewals would not detract substantially from the number of works available in the public domain. A study of copyright renewals in the 1883-1964 period suggests that many copyrights would not be renewed because the economic value of a copyright grows less as time passes.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2003
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Legal reasoning from the top down and from the bottom up: the question of unenumerated constitutional rights
Article Abstract:
The question of enumerated or enumerated constitutional rights illustrates problems with both top-down and bottom-up legal reasoning. Bottom-up reasoning, which starts with statutory language or previous cases, does not accomplish much. A general theory is needed, yet top-down reasoning from general theories can support any position. Judges should use facts combined with instinct as the basis for their decisions.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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