Tag: Community

Constitutional Agnosticism, Religious Pluralism, and the Problem of Community

Steven D. Smith - University of San Diego School of Law

The American Constitution, we are told, is a “godless” document. More precisely, it is an agnostic document; it nowhere makes any reference, whether affirming or denying, to God.  So what?
Some scholars see in this agnostic quality a constitutional mandate for governmental secularism; indeed, they may appeal directly to the agnostic… Read More »

Ownership and Obligations

Gregory S. Alexander - Cornell University Law School

Much recent property theory, both in the United States and elsewhere, is devoted to a search for the essential core of ownership.  So, Tom Merrill and James Penner have argued that the right to exclude is the sine qua non of ownership.  Henry Smith has similarly argued that the right… Read More »