James E. Fleming

Boston University - School of Law

Professor of Law and the Honorable Frank R. Kenison Distinguished Scholar in Law

765 Commonwealth Avenue

Boston, MA 02215

United States

http://www.bu.edu/law/faculty/profiles/bios/full-time/fleming_j.html

SCHOLARLY PAPERS

24

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3,211

SSRN CITATIONS

5

CROSSREF CITATIONS

2

Scholarly Papers (24)

1.

Constitutionalism, Judicial Review, and Progressive Change

Number of pages: 53 Posted: 24 Feb 2005
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 689 (70,395)

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judicial review, constitutionalism, progressive, sex equality, social change

2.

Fit, Justification, and Fidelity in Constitutional Interpretation

9 Problema: Yearbook of Philosophy and Theory of Law, 2015, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-10
Number of pages: 16 Posted: 22 Mar 2015 Last Revised: 02 Nov 2015
James E. Fleming
Boston University - School of Law
Downloads 238 (236,167)

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constitutional interpretation, Ronald Dworkin, fidelity in constitutional interpretation, fit and justification as dimensions of best interpretation, moral reading of a constitution, precedent

3.

Is it Time to Rewrite the Constitution? Fidelity to Our Imperfect Constitution

Wisconsin Law Review Online, 2015, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-13
Number of pages: 6 Posted: 22 Mar 2015
James E. Fleming
Boston University - School of Law
Downloads 219 (255,710)

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Attitude of fidelity, Constitution-perfecting theory, constitutional amendment, constitutional convention, constitutional dysfunction, constitutional failure, rewriting the Constitution

4.

Fidelity, Change, and the Good Constitution

American Journal of Comparative Law, Vol. 62, 2014, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-42
Number of pages: 33 Posted: 24 Jul 2014
James E. Fleming
Boston University - School of Law
Downloads 210 (265,847)

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originalism, constitutional fidelity, constitutional change, good constitution, moral reading, new originalism, original methods originalism

5.

Dworkin's Perfectionism

Boston Univ. School of Law, Public Law Research Paper No. 15-45
Number of pages: 21 Posted: 01 Nov 2015
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law
Downloads 195 (284,392)
Citation 1

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Ronald Dworkin, moral reading of the American Constiution, Constitutional perfectionism, Interpretive perfectionism, Constitution-perfecting theory, Comprehensive liberalism, Governmental moralizng

6.

Are We All Originalists Now? I Hope Not!

91 Texas Law Review 1785 (2013), Boston Univ. School of Law, Public Law Research Paper No. 14-43
Number of pages: 31 Posted: 25 Jul 2014
James E. Fleming
Boston University - School of Law
Downloads 180 (305,598)

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originalism, moral reading, constitutional construction, new originalism, constitutional fidelity

7.

Federalism and Subsidiarity

NOMOS LV, Yearbook of the American Society for Political and Legal Philosophy, New York University Press, 2014 (James E. Fleming and Jacob T. Levy, eds.), Boston Univ. School of Law, Public Law Research Paper No. 14-41
Number of pages: 3 Posted: 25 Jul 2014
James E. Fleming and Jacob T. Levy
Boston University - School of Law and McGill University - Department of Political Science
Downloads 165 (329,636)

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federalism, subsidiarity, dual federalism, foot voting, cities, remapping federalism

8.

Liberty

James E. Fleming & Linda C. McClain, "Liberty," Oxford Handbook of the United States Constitution (Mark Tushnet, Mark Graber, and Sanford Levinson, editors, Oxford University Press), Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-62
Number of pages: 36 Posted: 22 Oct 2014
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law
Downloads 161 (336,685)

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liberty, substantive due process, constitutional interpretation, privacy, autonomy, incorporation, constitutional rights, economic liberty, judicial review, Due Process clause

9.

Ordered Liberty after Dobbs

Journal of the American Academy of Matrimonial Lawyers 623 (2023), Boston Univ. School of Law Research Paper No. 23-22
Number of pages: 25 Posted: 31 May 2023
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 146 (366,955)

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abortion, constitutional liberty, constitutional interpretation, constitutionalization of family law, substantive due process, Equal Protection Clause, state constitutions, Dobbs v. Jackson Women's Health Organization, Lochner, Obergefell v. Hodges, Washington v. Glucksberg

10.

Ordered Gun Liberty: Rights with Responsibilities and Regulation

Boston University Law Review, Vol. 94 (2014), pp. 849-892, Boston Univ. School of Law, Public Law Research Paper No. 14-37
Number of pages: 45 Posted: 03 Jul 2014
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 144 (369,027)

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Second Amendment, gun control, gun regulation, right to bear arms, child protection, parental liberty, child access prevention laws, safe storage laws, political dysfunction, National Rifle Association

11.

Respecting Freedom and Cultivating Virtues in Justifying Constitutional Rights

Boston University Law Review, Vol. 91, p. 1311, 2011, Boston Univ. School of Law, Public Law Research Paper No. 11-48
Number of pages: 29 Posted: 07 Oct 2011
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 123 (416,873)

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Ronald Dworkin, Michael Sandel, justice, rights, marriage, virtue, moral reasoning, Aristotle, liberalism, civic republicanism, toleration, public reason, homosexuality

12.

Fidelity to Our Living Constitution

50 Tulsa Law Review, 2015, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-12
Number of pages: 21 Posted: 22 Mar 2015
James E. Fleming
Boston University - School of Law
Downloads 122 (419,390)

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Civil Rights Revolution, constitutional amendment, constitutional canon, higher lawmaking procedures, living constitutionalism, We the People

13.

Symposium: America's Political Dysfunction: Constitutional Connections, Causes and Cures - Table of Contents

Boston University Law Review, Vol. 94, No. 3, 2014 (Symposium Issue) (Prof. James Fleming, Conference Organizer and Faculty Advisor), Boston Univ. School of Law, Public Law Research Paper No. 14-40
Number of pages: 3 Posted: 28 Jul 2014
James E. Fleming
Boston University - School of Law
Downloads 119 (427,199)

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constitutional failure, political dysfunction, electoral dysfunction, crisis of governance, right to bear arms, gridlock

14.

The Inclusiveness of the New Originalism

82 Fordham Law Review 433 (2013), Boston Univ. School of Law, Public Law Research Paper No. 14-44
Number of pages: 21 Posted: 25 Jul 2014
James E. Fleming
Boston University - School of Law
Downloads 112 (446,960)

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originalism, new originalism, moral reading, constitutional construction, constitutional fidelity, original public meaning

15.

Civic Education in Circumstances of Constitutional Rot and Strong Polarization

Boston University Law Review, Vol. 101, No. 1771, 2021
Number of pages: 24 Posted: 22 Oct 2021
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 109 (456,148)
Citation 1

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Civic Education, Constitutional Rot, Critical Race Theory, Trumpism, Polarization, Identity Politics, Patriotism, Constitutional Democracy, Social Movements, Insurrection, White Supremacy, Racism, Sexism

16.

Comment on Amendment-Metrics: The Good, the Bad and the Frequently Amended Constitution

Boston Univ. School of Law, Public Law Research Paper No. 15-44
Number of pages: 19 Posted: 01 Nov 2015
James E. Fleming
Boston University - School of Law
Downloads 104 (471,795)

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Criteria for a good constitution, criteria for a bad constitution, frequency of amendment, difficulty of amendment, purposes of amendment

17.

Introduction to the Symposium on Ronald Dworkin's Religion Without God

94 Boston University Law Review 1201 (2014), Boston Univ. School of Law, Public Law Research Paper No. 15-14
Number of pages: 8 Posted: 22 Mar 2015
James E. Fleming
Boston University - School of Law
Downloads 77 (569,725)

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Ronald Dworkin Symposium, Ronald Dworkin, Religion Without God

18.

Toward a Liberal Common Good Constitutionalism for Polarized Times

Harvard Journal of Law and Public Policy, Forthcoming
Number of pages: 28 Posted: 29 Nov 2023
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law
Downloads 74 (582,787)

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Cathoic integralism, classical tradition, common good constitutionalism, moral reading fo the Constitution, Obergefell v. Hodges, Planned Parenthood v. Casey, positive constitutionalism, race inequality, sex inequality, status hierarchies

19.

Constitutional Liberalism through Thick and Thin: Reflections on Frank Michelman's Constitutional Essentials

50 Philosophy and Social Criticism (forthcoming 2024), Boston Univ. School of Law Research Paper No. 23-53
Number of pages: 26 Posted: 06 Dec 2023
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law
Downloads 24 (905,898)

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crisis of legitimacy; duty of civility; fact of reasonable pluralism; John Rawls; justification by constitution; liberal principle of legitimacy; polarization; political liberalism; trust in the Supreme Court; unreasonable views

20.

Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

J. Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms Oxford University Press, 2015, Boston Univ. School of Law, Public Law Research Paper No. 15-11
Posted: 22 Mar 2015
James E. Fleming
Boston University - School of Law

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constitutional fidelity, conxtitutional interpretation, living constitutionalism, moral reading of the Constitution, newe originalism, varieties of originalism, oriiginal meanings, philosophic approach to constitutional interpretation

21.

Ordered Liberty: Rights, Responsibilities, and Virtues

James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues, Harvard University Press, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-19
Posted: 26 May 2013
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law

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constitutional theory, liberalism, political liberalism, rights, virtues, civic virtues, equality, liberty, marriage, education, family, andiscrimination law, reproductive freedom, civil society

22.

Securing Deliberative Democracy

Posted: 09 Jun 2004
James E. Fleming
Boston University - School of Law

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23.

Some Questions for Civil Society-Revivalists

Chicago-Kent Law Review, Vol. 75, 2000
Posted: 11 Jul 2000
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law

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24.

Symposium on Legal and Constitutional Implications of the Calls to Revive Civil Society

Chicago-Kent Law Review, Vol. 75, 2000
Posted: 10 Jul 2000
Linda C. McClain and James E. Fleming
Boston University - School of Law and Boston University - School of Law

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