Laboratories of Democracy? Brandeis, Federalism, and Scientific Management

Although Louis Brandeis is rightly regarded as a champion offederalism, this article suggests that his famous depictionof the American states as "laboratories" of democracy in facthas little to do with federalism and in fad rests on an understandingof public policy inimical to federal diversity. More specifically,it argues that Brandeis's choice of metaphor largely reflectshis hope for scientifically based public policy, which in turnreflected the influence of Scientific Management upon his thought.The article concludes that abandoning Brandeis's metaphor wouldbe useful in rethinking the relations among states in the diffusionof innovations.     

The Past and Future of the New Judicial Federalism

This article argues that the new judicial federalism, the increasedreliance by state judges on state declarations of rights tosecure rights unavailable under the U.S. Constitution, representsnot a return to an earlier federalism but rather something new.Although the basis for a state civil liberties jurisprudencehad long existed, the "discovery’ of state constitutionalguarantees did not occur until the Warren Court pioneered anapproach to civil liberties that state courts could emulate.This "discovery" has led to only intermittent reliance on stateguarantees. Nonetheless, it is unlikely that state judges willreturn to the total deference to federal rulings in civil libertiescases that characterized preceding decades.     

Constitutional Theories and Constitutional Rights: Federalist Considerations

This article examines the contemporary controversy over constitutionalinterpretation and the differing understandings of constitutionalrights that underlie it. We first consider the character andbasis for interpretivism, that is, a jurisprudence that delineatesrights by reference to the intent of the founders and to theconstitutional text. Next, we review the non-interpretivistalternative, focusing on Ronald Dworkin's influential accountof constitutional rights. We conclude that despite its strengths,Dworkin's position does justice neither to the constitutionaltext nor to the connection between structure and rights in theUnited States Constitution. Finally, considering constitutionaltheory from the broader perspective of state constitutionalism,we conclude that its insights are limited to the U.S. Constitutionand offer some suggestions for a more adequate constitutionaltheory.     

Looking at Muslims: the visibility of Islam in contemporary French cinema

ABSTRACT

Tarr analyses the representation of Islam in five feature films made since 2006 that centre on the changing identities of Muslims in contemporary France. She locates the films within the context of the rise in Islamophobia in France following 9/11 and anxieties about immigration and terrorism, but also in relation to France's troubled postcolonial history and French republican ideology. In particular, the French notion of laïcité (secularism) has given rise to active hostility to any public expression of religious or cultural difference, particularly on the part of Muslims. Cinematic representations of Muslims, and particularly of the children of migrants from the Maghreb, have, therefore, since the mid-1980s, been treated with caution in order not to alienate mainstream Franco-French audiences and to facilitate the second generation's integration into French society. However, the five feature films addressed here—two mainstream popular comedies, Mauvaise foi/Bad Faith (2006) and L'Italien/The Italian (2010), and three independent, low budget, auteur-led, realist films, Dans la vie/Two Ladies (2008), Dernier maquis (2008) and La Désintégration/Disintegration (2012)—offer new narratives that challenge fears of Islam by foregrounding the protagonists' negotiation of their Muslim identities in a French context and, by implication, argue for the integration of Islam as a legitimate referent of French identity. However, their construction of Islam does not extend to positive representations of young veiled women, and they thus still risk confirming the oppressive majority view that certain practices associated with Islam, such as the wearing of the veil, are incompatible with the secularism of the French Republic.