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

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SCHOLARLY PAPERS

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Scholarly Papers (20)

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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 662 (55,705)

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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 193 (216,077)

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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 192 (217,091)

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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 181 (228,538)

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

5.

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 146 (273,305)

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

6.

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 145 (274,832)
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

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 142 (279,269)

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

8.

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 138 (285,487)

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

9.

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 118 (320,736)

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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

10.

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 107 (343,155)

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

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 106 (345,361)

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

12.

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 93 (375,837)

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

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 92 (378,341)

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

14.

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 86 (394,315)

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

15.

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 62 (471,107)

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Ronald Dworkin Symposium, Ronald Dworkin, Religion Without God

16.

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

17.

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

18.

Securing Deliberative Democracy

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

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19.

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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20.

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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