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Considers the broad impact of the US Supreme Court's decision in Lawrence v. Texas (2003) overturning a TX law criminalizing homosexual sodomy. Background to the decision is provided, indicating that Lawrence overturned the Supreme Court's Bowers v. Hardwick (1986) decision refusing to extend protections of liberty & privacy to homosexual intimate association. Analysis of the doctrinal implications of Lawrence situates its radical nature in the fact that it is grounded in privacy analysis rather than equal protection arguments. The politics of the decision are speculated on, & why the Court made such a sweeping decision & its implications are scrutinized on the basis of Scalia's dissent, which is centered on the decision's threat to all other morals legislation. Two major constitutional issues are addressed: (1) Is privacy analysis based on substantive due process an example of illegitimate activist judicial review? (2) Why should European law or that of other polities bear on the Supreme Court's interpretation of the US constitution? It is contended that the Lawrence decision does not illegitimately engage in the culture wars but confronts the lack of sustainability of the old premises & justifications for morals legislation. J. Zendejas

It is contended that the method used to juridify sexual harassment in the US is deficient. An overview of US sexual harassment law's evolution since the mid-1960s is presented. It is maintained that contemporary feminists have attempted to reconceptualize sexual harassment in legal & corporate contexts; specifically; the overemphasis on personal privacy & the partisan & impaired character of responses to sexual harassment have resulted in the under- & overenforcement of sexual harassment law. Problems with liberal, feminist, & postmodern approaches to resolving this paradoxical application of sexual harassment law are discussed. An alternative "reflexive/procedural" interpretation in which sexual harassment law is delineated as reflexive law is offered, suggesting that such an approach permits the regulation of rational actors' autonomous behaviors. J. W. Parker

The behavior of Independent Counsel Kenneth Starr in his investigation of US President Bill Clinton's "scandalous" behavior is associated with McCarthyism. It is asserted that individuals who believe that such investigations concern Clinton's obstruction of justice, perjury, & lack of moral authority are completely misguided. It is contended that the US Supreme Court must overturn its decision that permits presidents to stand against civil charges while still retaining office; in addition, the current understanding of sexual harassment must be revised. Although sexual harassment undeniably includes the abuse of authority to force sexual relations, it should be primarily construed as a strategy for subordinating female employees. J. W. Parker

Argues that Hannah Arendt's critique of human rights in Origins of Totalitarianism (1973 [1951]) is ultimately misguided & suffers from a sociological deficit that can be found in her work as a whole. According to Arendt, the destruction of citizenship rights is endemic to the modern nation-state because national identities always end in threatening the rule of law with an exclusionary conception of collective identity. Arendt goes some way toward amending this thesis in On Revolution (1963), where, she recognizes the system of federalism founded by US framers as ameliorating the worst abuses of the nation-state. However, Arendt's negative assessment of the modern form of the social makes her fail to see that the rule of law at the international level might play a role parallel to law on the level of the state in protecting rights & tempering sovereignty. A transnational discourse of human rights of the kind criticized by Arendt is today articulated in international law & increasingly employed by supranational organizations to monitor the international civil society such that governmental actors are constrained from violating the substantive rights of their citizens. D. M. Smith