Thanks for sharing Professor Franck's article with the list, Rick. I served on an APSA panel with him a few years ago. He's a serious scholar. That said, I think a "liberal originalist" (i.e., someone who interprets the Constitution in light of the classical liberal principles of the Declaration of Independence) can show that both Dred Scott and Bowers were wrong. I tried to do that in To Secure These Rights: The Declaration of Independence and Constitutional Interpretation (NYU Press).
Professor Franck does score points against law professors, though! Best wishes, Scott Gerber Law College Ohio Northern University Rick Duncan wrote: >I found an article at National Review Online that I thought you'd like to >see: > > http://www.nationalreview.com/comment/comment-franck073003.asp > >An interesting article from NRO. > -------------------------------------- Scott Gerber Law College Ohio Northern University Ada, OH 45810 419-772-2219 http://www.law.onu.edu/faculty/gerber/