Originalism and Social Change
allan.ides at LLS.EDU
Tue Nov 19 07:55:54 PST 2002
Oh, but it is definitely value-based. Kobe never wanted to pass to Shaq
in the first place. In fact, Phil must have known that Kobe would
ignore his advice regardless of Shaq's condition. In any event, the
question is clearly political and non-justiciable.
"Conkle, Daniel O." wrote:
> Does it matter that the change in circumstances that Kobe confronts
> is (for lack of a better term) empirical rather than value-based?
> Compare an application of the 4th Am. to unforeseen technologies, such
> as telephone or the internet, and contrast the argument (advanced,
> e.g., by Brennan in Frontiero and by Marshall in Cleburne) that
> evolving societal values, e.g., regarding the proper meaning of
> equality, should influence constitutional interpretation.
> Dan Conkle
> * * * * * * * * * * * * * * * * * * * * * * *
> Daniel O. Conkle
> Professor of Law
> Indiana University School of Law
> Bloomington, Indiana 47405
> (812) 855-4331
> fax (812) 855-0555
> mailto:conkle at indiana.edu
> * * * * * * * * * * * * * * * * * * * * * * * -----Original
> From: Mark Graber [mailto:MGRABER at GVPT.UMD.EDU]
> Sent: Tuesday, November 19, 2002 8:39 AM
> To: CONLAWPROF at LISTSERV.UCLA.EDU
> Subject: Originalism and Social Change
> Kobe Bryant, star guard of the Los Angeles Lakers, has been lurking
> on this list, been converted to originalism, and has the following
> question. During a time-out in a recent game, his coach, Phil Jackson,
> gave him the following instructions: "Take two dribbles, then pass the
> ball to Shaquille O'Neal. Do not deviate from this plan." Kobe gets
> the ball, takes two dribbles, looks up and sees that O'Neal has gotten
> tangled up with another player and is now face down on the floor. As
> a good basketball originalist, what does he do? Mark A.
> Grabermgraber at gvpt.umd.edu
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