Mark S. Weiner

Archive for the ‘Constitutional law’ Category

What it Means to be Home—with Deanna Durbin

In Aesthetics, narrative, form, Constitutional law, Cross-cultural encounters & comparisons, Europe, Law and film, Supreme Court on January 8, 2013 at 2:50 pm

After many weeks abroad, I’m back in the United States, and by coincidence this weekend I watched a movie that reminded me of just what it means to be home. The reminder came in the unexpected form of Deanna Durbin, the girl-next-door Hollywood star of the 1930s and 1940s. I didn’t anticipate that her last film, the romantic comedy For the Love of Mary (1948), would have so much to say about the culture of American constitutional law.

For_the_Love_of_Mary_Poster

As readers of this blog and subscribers to my Facebook page know, in mid-November I flew to Europe to speak about The Rule of the Clan (which will be released in just two months by Farrar, Straus and Giroux), to teach some intensive seminars about the American constitution to European students, and most of all to begin research on my next book.

In the spirit of Jules Verne, the working title of Book #4 is Around the World in Eighty Laws. I’m hoping to reveal some of the beauty, complexity, and fragility of our world through a portrait of its diverse legal systems. I want to show the fundamentally different ways people understand the meaning and purpose of law. I’m also hoping that in the process I’ll be able to raise some basic, hard questions about our ability to get along with one another and with other nations as we respond to globalization.

My travels began at Erasmus University in Rotterdam and ended in Vienna. In between, with Eurail Pass in hand, I visited Maastricht, Tilburg, Luxembourg, Brussels, Würzburg, Hannover, and Salzburg, taking pictures and conducting interviews as I went—trying to channel the spirit of one of my heroes, David Attenborough. It was grand. I also found that I could easily continue an itinerant life indefinitely.

I’ll be posting reflections on my travels and excerpts from my interviews in the coming weeks, especially once I return to my desk in Connecticut.

My European travels naturally got me thinking about what it was I left behind. And that’s why I was so taken with For the Love of Mary. In its lightness of spirit—and in Durbin’s unpretentious style and clear soprano—it captures something essential about the legal self-understanding of my country. Read the rest of this entry »

Argentina: Populism, the State and Positive Rights

In Affirmative action, Antitrust, Argentina, Constitutional law, Conversations, Cross-cultural encounters & comparisons, Economic regulation, Freedom of speech, Gender, Latin America, Race, Video on November 3, 2012 at 12:01 pm

My new post is entirely in video format. It’s a short conversation with an Argentinean scholar about constitutional law in his country, including some differences between law there and in the United States. Our conversation touches on affirmative action, gay marriage, voter identification, and economic regulation, among other important issues. My wife says it’s fascinating, and I hope you’ll agree.

To watch, just click on the thumbnail below, or to see it in larger format (which I’d recommend), click above on the title of this post and then click again on the video window:

Distraction from the Storm

In Aesthetics, narrative, form, Border regions, Constitutional law, Cross-cultural encounters & comparisons, Environment, India, Law and film, Law and literature, Pakistan, Psychoanalysis, Supreme Court on October 31, 2012 at 8:59 pm

As hurricane Sandy bore down on the eastern seaboard, my wife and I thought that the best distraction from the howling wind and crack of breaking branches would be to curl up and watch movies. It didn’t take long for us to settle on Alfred Hitchcock.

And so after we made up our inflatable bed in the living room—the safest place, we figured, if one of the tall trees in the backyard crashed through the roof—and brought up our emergency kit from the basement—stove, check; fuel, check; tent, check; food and water, check—we unfurled the projector screen we normally use to display academic PowerPoint slides, made a bowl of buttered popcorn, and poured ourselves a beer.

All things considered, it seemed like the sort of thing that one would want to have been doing in the final moments before disaster.

Here’s a picture of our outpost in the storm:

The film on the screen is “North by Northwest”—there’s Carry Grant furtively walking through Penn Station.

Now that we’ve come through the storm safe and sound (a miracle), in this post I’d like to pull on a small thread in the film we saw last night, “Rear Window.” It’s a legal thread, and one that also happens to be entwined with an environmental theme.

There’s not much we can do for our friends in New York and New Jersey, who faired much worse than we did, but if they are able to read it, perhaps this distraction will be welcome. Read the rest of this entry »

Between India and France

In Affirmative action, Constitutional law, Cross-cultural encounters & comparisons, France, India, Race on October 1, 2012 at 10:52 pm

The U.S. Supreme Court has begun its new term (it does so the first Monday of each October), and it soon will hear oral arguments in the case of Fisher v. University of Texas. The Court’s decision in the case could be a turning-point in its jurisprudence of affirmative action, and perhaps a political turning-point for the nation. At issue is the legality of using race as a basis for preferring one candidate over another in college and university admissions.

A great deal has and will be written about the doctrinal questions at issue Fisher, particularly how the case differs from those the justices have considered in previous disputes about racial preferences. I’d like to offer a global, comparative view.

The issue in Fisher, in essence, is whether from a constitutional perspective the United States ought to resemble India or France. For years, the United States has pursued a middle course between the two nations with regard to race-based preferences. The current Court is now likely to hold that the United States ought to resemble France—which will be something of an irony given the Court’s conservative majority (conservatives in the United States not being known for their Francophilia). Read the rest of this entry »