94 research outputs found
Public Employee Speech, Categorical Balancing and Section 1983: A Critique of Garcetti v. Ceballos
Constitutional Education for \u3cem\u3eThe People Themselves\u3c/em\u3e
Professor Nahmod, like Dean Kramer, remains profoundly disturbed by the Supreme Court\u27s triumphalist decision in Bush v. Gore. However, he does not go so far as Dean Kramer in arguing normatively for a return to popular constitutionalism. Rather, his more modest position is that the Supreme Court, Congress, and the President, together with the bar and the media, have a normative obligation to educate the people themselves in constitutional matters. This often-overlooked and vitally important constitutional education of the people is based on the self-government rationale of both our constitutional structure and the First Amendment. Professor Nahmod suggests how to promote the people\u27s constitutional education
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