Word: sunstein
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Dates: during 1990-1999
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...great irony here that the neighsayers themselves are making a profoundly political move--in preserving the status quo. As Cass Sunstein notes in his The Partial Constitution, much modern conservative advocacy centers around "taking, as given and as the baseline for decision, the status quo, or what various people and groups now have." This status quo neutrality masquerades as impartiality or objectivity, advancing its objectives all the more insidiously by virtue of its ostensible ideological purity. Thus there is no apolitical foundation from which the ethnic studies advocates wish to displace the current curriculum. Ethnic studies advocates should not shrink...
...liberals. They want my precious sense of self-esteem to be respected. They demand that others be sensitive to me--what am I saying?--that I be sensitive to others. They insist that the government be given the task of insuring that this happens. They believe, as Cass Sunstein, an expert witness on the other side of the Colorado case said, that the purpose of the Constitution is to "eliminate prejudice...
MacKinnon and Dworkin believe theirs is an idea whose time has come at last. As evidence, they can cite last month's unanimous ruling by Canada's Supreme Court -- endorsing MacKinnon's argument -- that pornography harmful to women can be outlawed even though freedom of expression is infringed. Cass Sunstein, a professor of constitutional law at the University of Chicago, notes that the courts have carved out numerous exceptions to the First Amendment; for example, it does not protect bribes, fraud, threats or conspiracy...