Alito ancora!

Ouch! I agree that there is certainly a distinction between Rick's (a) and (b). What is more problematic is whether his (a) and (b) are accurate descriptions of what the Warren Court did and what Scalia is trying to do. If they're not, then athe argument is still on (though I would agree w description (b) re Roe). In any event, between spiedini and risotto rustica for lunch and abacchio arosto and carciofi alla romana for dinner, I spoke at Amy's  fascinating conference on "Relationships in Law: Is there a Space for Fraternity?", which was part of the Focolare's Commune e Diritto project - a very serious attempt to integrate aspects of CST such as fraternity and communion/community into legal theory. one of the speakers, a lawyer involved with one of the  economy of communion's ambitious business ventures/projects, talked about the anthropology of communion -- and understanding of the human person as made in the imago dei, and thus fundamentally in communion with all other human persons -- a profoundly Catholic conception of fraternity. That led me to comment onn how the difficulty of incorporating the relational, communitarian values of CST into corporate law theory was a function of the tension between two anthropologies: that of homo economicus and that of the anthropology of communion--or Catholic legal theory. There were also several other interesting papers, but I must admit that European civil lawyers/profs are capable of flights of abstraction that left me gasping for air. In any event, great job, Amy! Hope you'll blog on this in greater detail.

--Mark