Second-Generation Textualism

In his perceptive histories of the late-twentieth-century revival of interest in statutory interpretation theory, Philip P. Frickey, always modest, predictably failed to account for his own large contribution to the debate. Assessing this contribution, of course, would present difficulty for anyone, as the work spans so widely. With his frequent coauthor, William Eskridge, Professor Frickey […]

The Last Indian Raid in Kansas: Context, Colonialism, and Philip P. Frickey’s Contributions to American Indian Law

This Article will first describe, in Part I, the trajectory of Phil”˜s Indian law scholarship, tracking in particular the development of the major themes just described””the centrality of the structural relationship between tribes and the federal government, and the importance of context. In Part II, it will delve into the story of Oberlin, Kansas, and […]

A Final Toast to My Network

In the last year of his life, Professor began a book about his personal spiritual journey to serenity in the face of a terminal diagnosis. Forced by circumstances to confront the instinctive fear of death we all share, he had found a way to normalize it, with help from a remarkable network of colleagues, students, […]

Response to Martha Nussbaum

I find much to agree with in Professor Martha Nussbaum”˜s elegant and lucid Essay, “A Right to Marry?” However, I will not begin by responding to it directly, but will instead start my analysis by taking a step back from the debate. Many observers believe that the politics of the gay marriage issue in the […]

A Right to Marry

Marriage is both ubiquitous and central. All across our country, in every region, every social class, every race and ethnicity, every religion or non-religion, people get married. For many if not most people, moreover, marriage is not a trivial matter. It is a key to the pursuit of happiness, something people aspire to””and keep on […]


I am extremely grateful to the three commentators for their care in reading my work and for the very high quality of their comments. Because Pamela Karlan and Michael Warner discuss related questions, I shall reply to their comments in one section and devote a separate section to David Novak’s very different arguments.

Response to Martha Nussbaum’s a Right to Marry

The question of same-sex marriage concerns every morally sensitive citizen. It has been the subject of debate everywhere, especially among scholars and intellectuals. That is why, no doubt, the Brennan Center for Justice invited me to comment on Professor Martha Nussbaum’s Essay entitled “A Right To Marry?” Our opposing views on this hotly debated question […]