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James E. Fleming

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James E. Fleming
James E. Fleming
Fleming in 2012
Born1954 (age 68–69)[1]
Spouse
(m. 1992)
[2]
Children2[3]
Academic background
Education
Doctoral advisorWalter F. Murphy
Other advisorsSanford Levinson
Influences
Academic work
DisciplineConstitutional theory
Institutions

James E. Fleming is an American legal scholar who serves as The Honorable Paul J. Liacos Professor of Law at Boston University School of Law.[6][7] He is a scholar in standard constitutional theory and constitutional interpretation,[8] with special attention to criticizing originalism and defending moral readings of the U.S. Constitution,[9] developing a civic liberalism concerned with protecting rights and instilling civic virtues,[10] and justifying rights to autonomy and equality as central to constitutional self-government.[11]

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Paul J. Liacos

Paul J. Liacos

Paul Julian Liacos was the chief justice of the Massachusetts Supreme Judicial Court from 1989 to 1996.

Boston University School of Law

Boston University School of Law

Boston University School of Law is the law school of Boston University, a private research university in Boston, Massachusetts. It is consistently ranked among the top law schools in the United States and considered an elite American graduate legal institution.

Constitutional theory

Constitutional theory

Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or jurisdiction.

Judicial interpretation

Judicial interpretation

Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.

Originalism

Originalism

In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document. Originalism should not be confused with strict constructionism.

Constitution of the United States

Constitution of the United States

The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame and constraints of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world today.

Liberalism in the United States

Liberalism in the United States

Liberalism in the United States is a political and moral philosophy based on concepts of unalienable rights of the individual. The fundamental liberal ideals of freedom of speech, freedom of the press, freedom of religion, the separation of church and state, the right to due process and equality under the law are widely accepted as a common foundation of liberalism. It differs from liberalism worldwide because the United States has never had a resident hereditary aristocracy and avoided much of the class warfare that characterized Europe. According to Ian Adams: "Ideologically, all US parties are liberal and always have been. Essentially they espouse classical liberalism, that is a form of democratised Whig constitutionalism plus the free market. The point of difference comes with the influence of social liberalism" and the proper role of government.

Autonomy

Autonomy

In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be defined from a human resources perspective, where it denotes a level of discretion granted to an employee in his or her work. In such cases, autonomy is known to generally increase job satisfaction. Self-actualized individuals are thought to operate autonomously of external expectations. In a medical context, respect for a patient's personal autonomy is considered one of many fundamental ethical principles in medicine.

Early life and education

Fleming received an A.B. in political science from the University of Missouri in 1977.[12] He earned his J.D. from Harvard Law School in 1985.[13] At Harvard, he was a teaching fellow for Michael Sandel.[14] In 1988, he completed a Ph.D. in Politics from Princeton University,[7] with the dissertation, "Constitutional Constructivism,"[15] under the supervision of Walter F. Murphy[16] and Sanford Levinson. In his dissertation, Fleming developed a constitutional constructivism analogous to John Rawls's political constructivism.[15] Before becoming a law professor, Fleming was an attorney in the litigation department at Cravath, Swaine & Moore in New York City from 1986 to 1991.[13]

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Bachelor of Arts

Bachelor of Arts

Bachelor of Arts is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years, depending on the country and institution.Degree attainment typically takes four years in Afghanistan, Armenia, Azerbaijan, Bangladesh, Brazil, Brunei, China, Egypt, Ghana, Greece, Georgia, Hong Kong, Indonesia, Iran, Iraq, Ireland, Japan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Lithuania, Mexico, Malaysia, Mongolia, Myanmar, Nepal, Netherlands, Nigeria, Pakistan, the Philippines, Qatar, Russia, Saudi Arabia, Scotland, Serbia, South Korea, Spain, Sri Lanka, Taiwan, Thailand, Turkey, Ukraine, the United States and Zambia. Degree attainment typically takes three years in Albania, Australia, Bosnia and Herzegovina, the Caribbean, Iceland, India, Israel, Italy, New Zealand, Norway, South Africa, Switzerland, the Canadian province of Quebec, the United Kingdom and most of the European Union. In Bangladesh, three-year BA (associates) courses are also available.

Political science

Political science

Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and laws.

University of Missouri

University of Missouri

The University of Missouri is a public land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus University of Missouri System. MU was founded in 1839 and was the first public university west of the Mississippi River. It has been a member of the Association of American Universities since 1908 and is classified among "R1: Doctoral Universities – Very high research activity". University of Missouri alumni, faculty, and staff include 18 Rhodes Scholars, 19 Truman Scholars, 141 Fulbright Scholars, 7 Governors of Missouri, and 6 members of the U.S. Congress. Two alumni and faculty have been awarded the Nobel Prize: alumnus Frederick Chapman Robbins won the Nobel Prize in Physiology or Medicine in 1954 and George Smith (chemist) was awarded the Nobel Prize in Chemistry in 2018 while affiliated with the university.

Juris Doctor

Juris Doctor

The Juris Doctor, also known as Doctor of Jurisprudence, is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law in the United States; unlike in some other jurisdictions, there is no undergraduate law degree in the United States. In the United States, along with Australia, Canada, and some other common law countries, the J.D. is earned by completing law school.

Harvard Law School

Harvard Law School

Harvard Law School is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.

Michael Sandel

Michael Sandel

Michael Joseph Sandel is an American political philosopher and the Anne T. and Robert M. Bass Professor of Government Theory at Harvard Law School, where his course Justice was the university's first course to be made freely available online and on television. It has been viewed by tens of millions of people around the world, including in China, where Sandel was named the 2011's "most influential foreign figure of the year". He is also known for his critique of John Rawls' A Theory of Justice in his first book, Liberalism and the Limits of Justice (1982). He was elected a Fellow of the American Academy of Arts and Sciences in 2002.

Princeton University

Princeton University

Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the nine colonial colleges chartered before the American Revolution. It is one of the highest-ranked universities in the world. The institution moved to Newark in 1747, and then to the current site nine years later. It officially became a university in 1896 and was subsequently renamed Princeton University. It is a member of the Ivy League.

Walter F. Murphy

Walter F. Murphy

Walter Francis Murphy, Jr. was an American political scientist and writer.

Sanford Levinson

Sanford Levinson

Sanford Victor Levinson is an American legal scholar known for his writings on constitutional law. A professor at the University of Texas Law School, Levinson is notable for his criticism of the United States Constitution as well as excessive presidential power and has been widely quoted on such topics as the Second Amendment, gay marriage, nominations to the Supreme Court, and other legal issues. He has called for a Second Constitutional Convention of the United States.

Cravath, Swaine & Moore

Cravath, Swaine & Moore

Cravath, Swaine & Moore LLP is an American white-shoe law firm with its headquarters in New York City, and additional offices in London and Washington, D.C. The firm is known for its complex and high profile litigation and mergers & acquisitions work.

Academic career

Fleming taught at Fordham University School of Law from 1991 to 2007,[13] and was appointed the Leonard F. Manning Distinguished Professor of Law in 2006.[17] He joined the faculty of Boston University School of Law in 2007 as The Honorable Frank R. Kenison Distinguished Scholar,[18] and was appointed The Honorable Paul J. Liacos Professor of Law in 2015.[19] He has served as Associate Dean for Intellectual Life at Boston University School of Law[19] and is the Faculty Advisor for the Boston University Law Review.[20]

At Fordham and Boston University, Fleming has organized, co-organized and published numerous conference volumes in constitutional theory and legal philosophy,[21][22][23][24][25] including volumes on the work of John Rawls[26] and Ronald Dworkin.[27]

Fleming was the Editor of Nomos, the annual book of the American Society for Political and Legal Philosophy.[28] In that capacity, he published four interdisciplinary volumes with New York University Press: Nomos L: Getting to the Rule of Law (2011);[29] Nomos LII: Evolution and Morality (with Sanford Levinson) (2012);[30] Nomos LIII: Passions and Emotions (2013);[31] and Nomos LV: Federalism and Subsidiarity (with Jacob T. Levy) (2014).[32] He has also served as the society's president and as of June 2021, is the Secretary-Treasurer.[33]

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Fordham University School of Law

Fordham University School of Law

Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. In 2013, 91% of the law school's first-time test takers passed the bar exam, placing the law schools' graduates as fifth-best at passing the New York bar exam among New York's 15 law schools.

Boston University School of Law

Boston University School of Law

Boston University School of Law is the law school of Boston University, a private research university in Boston, Massachusetts. It is consistently ranked among the top law schools in the United States and considered an elite American graduate legal institution.

Constitutional theory

Constitutional theory

Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or jurisdiction.

Philosophy of law

Philosophy of law

Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.

Ronald Dworkin

Ronald Dworkin

Ronald Myles Dworkin was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."

American Society for Political and Legal Philosophy

American Society for Political and Legal Philosophy

The American Society for Political and Legal Philosophy (ASPLP) is a learned society founded in 1955 by political theorist Carl Friedrich. Its aim is to bring together scholars in political science, law, and philosophy who are interested in interdisciplinary exploration of a range of problems in political and legal philosophy. The ASPLP's main activities are to hold an annual conference, on a topic chosen in advance by the membership, and to publish the papers, along with formal commentary and invited additional essays, in Nomos, its yearbook. As Friedrich explained in the Preface to Authority, the first yearbook: "We are calling the series NOMOS, which is the broadest Greek term for law, because in this term there are also traditionally comprised the notions of a basic political order and of customs and a way of life." He continued: "It describes reasonably well, and perhaps better than any term of modern English, what must be the focus of a society such as ours, uniting the several social sciences, law, and philosophy." That commitment to interdisciplinary normative inquiry has characterized the ASPLP and the Nomos series ever since.

New York University Press

New York University Press

New York University Press is a university press that is part of New York University.

Jacob T. Levy

Jacob T. Levy

Jacob T. Levy is an American political theorist and Tomlinson Professor of Political Theory at McGill University. Levy is the Chair of the Department of Political Science at McGill, as well as the coordinator of McGill's Research Group on Constitutional Studies and the founding director of McGill's Yan P. Lin Centre for the Study of Freedom and Global Orders in the Ancient and Modern Worlds. Levy is also a Senior Fellow at the Niskanen Center and the Institute for Humane Studies. He is known for his expertise on multiculturalism, liberalism, and pluralism.

Source: "James E. Fleming", Wikipedia, Wikimedia Foundation, (2023, January 29th), https://en.wikipedia.org/wiki/James_E._Fleming.

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References
  1. ^ "Fleming, James E." Virtual International Authority File. Retrieved 16 June 2021.
  2. ^ "WEDDINGS; Linda McClain, James Fleming". The New York Times. 28 June 1992. Retrieved 16 June 2021.
  3. ^ a b Fleming, James E. (2006). Securing Constitutional Democracy: The Case of Autonomy. University of Chicago Press. p. xiii. ISBN 9780226253435.
  4. ^ Sunstein, Cass R. (December 1993). "Response: Liberal Constitutionalism and Liberal Justice". Texas Law Review. 72 (2): 306. Retrieved 22 June 2021.
  5. ^ Sunstein, Cass R. (2007). "Second-Order Perfectionism". Fordham Law Review. 75 (6): 2872. Retrieved 22 June 2021.
  6. ^ "James E. Fleming". bu.edu. Retrieved April 28, 2017.
  7. ^ a b "James Fleming". princeton.edu. Retrieved April 28, 2017.
  8. ^ "James E. Fleming". Google Scholar. Retrieved 16 June 2021.
  9. ^ Balkin, Jack (July 2016). "History, Rights, and the Moral Reading" (PDF). Boston University Law Review. 96 (4): 1433. Retrieved 22 June 2021.
  10. ^ Dorf, Michael C. "Liberalism's Errant Theodicy". Research Gate. Retrieved 17 June 2021.
  11. ^ Kelbley, Charles A. (2007). "Privacy, Minimalism, and Perfectionism". Fordham Law Review. 76 (6): 2953. Retrieved 22 June 2021.
  12. ^ "Constitution Day Lecture at Missouri - James Fleming & Linda McClain". Jack Miller Center. Retrieved 16 June 2021.
  13. ^ a b c "James E. Fleming CV" (PDF). Boston University School of Law. Retrieved 17 June 2021.
  14. ^ Sandel, Michael J. (1997). "The Order of the Coif Annual Lecture: The Constitution of the Procedural Republic: Liberal Rights and Civic Virtues". Fordham Law Review. 66 (1): 2. Retrieved 17 June 2021.
  15. ^ a b Fleming, James E. (June 1988). Constitutional Constructivism (Thesis). Princeton University. ISBN 9781392488928.
  16. ^ Fleming, James E. (Spring 2010). "An Appreciation of Walter F. Murphy" (PDF). Law & Courts. p. 18. Retrieved 16 June 2021.
  17. ^ "Securing Constitutional Democracy: The Case of Autonomy, Author Biography". BiblioVault. Retrieved 17 June 2021.
  18. ^ "James E. Fleming". Boston University Public Relations. Retrieved 17 June 2021.
  19. ^ a b Eckenroth, Lauren. "Professor James E. Fleming Appointed Honorable Paul J. Liacos Professor of Law". The Record. Boston University School of Law. Retrieved 17 June 2021.
  20. ^ "Boston University Law Review Masthead". Boston University Law Review. Retrieved 16 June 2021.
  21. ^ Fleming, James E. (2004). "Lawrence's Republic". Tulsa Law Review. 39 (3): 563. Retrieved 16 June 2021.
  22. ^ Fleming, James E. (2004). "Securing Deliberative Democracy". Fordham Law Review. 72 (5): 1435. Retrieved 16 June 2021.
  23. ^ Hevert, Matthew T.; Schulke, Daniel F. (May 2014). "Foreword: Symposium: America's Political Dysfunction: Constitutional Connections, Causes, and Cures" (PDF). Boston University Law Review. 94 (3): 578. Retrieved 22 June 2021.
  24. ^ "Symposium: A New Constitutional Order?". Fordham Law Review. 75 (2). November 2006. Retrieved 21 June 2021.
  25. ^ "Foreword: Symposium: Fidelity in Constitutional Theory". Fordham Law Review. 65 (4): 1248. 1997. Retrieved 21 June 2021.
  26. ^ Treanor, William Michael (April 2004). "Introduction: Rawls and the Law" (PDF). Fordham Law Review. 72 (5): 1385. Retrieved 21 June 2021.
  27. ^ Kitchell, Sarah J.; Sefal, Joshua M.D. (April 2010). "Foreword: Symposium: Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book" (PDF). Boston University Law Review. 90 (2): 467. Retrieved 21 June 2021.
  28. ^ "Nomos". The American Society for Political and Legal Philosophy. Retrieved 22 June 2021.
  29. ^ "Getting to the rule of law". Library of Congress Catalog. Retrieved 21 June 2021.
  30. ^ "Evolution and morality". Library of Congress Catalog. Retrieved 21 June 2021.
  31. ^ "Passions and emotions". Library of Congress Catalog. Retrieved 21 June 2021.
  32. ^ "Federalism and subsidiarity". Library of Congress Catalog. Retrieved 21 June 2021.
  33. ^ "Current Officers". The American Society for Political and Legal Philosophy. Retrieved 21 June 2021.

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