Duncan Kennedy on Constitutional Theory and Palestine

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

Against Constitutional Theory

The Kennedy-Connally Single Bullet Theory

The so-called "pristine" bullet (Warren Commission Exhibit 399), which critics have been claiming could not have penetrated both President Kennedy's neck and Governor Connally's thorax and wrist and still remain undeformed, was found by these investigators to be, in fact, deformed (flattened) in a manner which required great force to duplicate on test bullets from the same lots. The four fragme...

Community in Contemporary Constitutional Theory

Constitutional Theory and the Quebec Secession Reference