Muita gente está comentando a edição de janeiro de 2011 da Revista de Direito de Harvard. Em especial um artigo sobre os novos rumos do constitucionalismo.
O comentário do professor Ribas fala em "furacão da teoria constitucional americana":
A teoria constitucional americana está sendo varrida por um furacão. Nem contramajoritarismo, nem majoritarismo com reflexos nas teorias do dialogo, vejam a publicação de Harvard Law Review de janeiro de 2011 com o seu texto principal direcionado para uma nova proposta de análise da atuação do Judicial Review (acesse via portal Capes). O que se discute é a capacidade da constituição criar uma moldura de estabilidade institucional. Valoriza-se, assim, novamente o Judicial Review se direciona para a estabilidade. Retoma-se um desenho institucional madisoniano. No caso do Battisti, por exemplo, o STF não estaria nem contribuindo para uma estabilidade institucional e nem a efetivação de direitos. Vamos pensar nisso!
O Link do texto é esse:
Há até um comentário do Marcelo Cattoni sobre os textos e uma resposta do Prof. Ribas.
domingo, 30 de janeiro de 2011
Novos constitucionalistas americanos e a nossa renovação
> Estimado amigo Marcelo Cattoni - Por favor retribua o abraço enviado pela
> Theresa Calvert. Agradeça o endereço do blog e o seu texto abaixo.
> Independentemente de suas acertadas e importantes observações a respeito do
> artigo de Daryl Levison para Harvard Law Review de janeiro de 2011, eu
> "senti" no ar que estavamos diante de uma nova geração de
> constitucionalistas americanos. Quando eu li a mensagem do blog enviado
> por Thereza Calvert pude ver um texto, creio, de 2009 citado de Daryl
> Levison publicado pela Harvard Law Review sob o titulo States Law. Eu não
> li o texto e nem baixei. Trata-se do tema sobre o direito estadual. Eu
> quero afirmar sim que o Daryl Levison "passou" por mim acabei não dando a
> devida importância. No blog enviado por Theresa Calvert, meu caro Marcelo
> Cattoni, percebi que o Levison publicou com Richard Pildes (só procurar no
> google e colocar ssrn). Pildes, creio, vai aparecer na Supreme Law Review
> de maio. O texto de Pildes nós temos, é só colocar no google. É um texto
> bastante instigante datado creio de novembro de 2010. Ele examina
> exaustivamente a polaridade entre majoritários (Robert Dahl, Fridman e
> outros) e contramajoritários (Bickel). A grande questão que se coloca por
> que não há uma renovação do pensamento constitucinal no Brasil. Creio que
> ficamos prisioneiros desse triste quadro que é o nosso STF e a debates que
> já estão datados - principios.
>
>
>
>
>
> Veja que interessante...
>
> Quem me mandou foi a Theresa Calvet, com um abraço para você.
>
> Um grande abraço, Marcelo.
>
> No site *The Law School Magazine* da New York University School of Law:
> http://blogs.law.nyu.edu/magazine/2010/profile-daryl-levinson/
>
> *Introducing Daryl Levinson*
>
> When asked recently for his résumé, Daryl Levinson realized he didn’t have
> one. In 15 years of teaching at three law schools, employers have always
> pursued him. It’s hard to imagine a piece of paper conveying everything
> that
> he has going for him anyway. Colleagues rank him among the most original
> thinkers of constitutional law and theory in the academy. His generosity
> in
> mentoring junior faculty is legendary. He’s so popular with students that
> at
> Harvard Law School, where he had been on the faculty since 2005, the class
> of 2008 honored him with the Sacks-Freund Teaching Award. In short, says
> his
> former Harvard colleague Michael Klarman, “He is the Michael Jordan of the
> legal academy.”
>
> Yet try to pay Levinson a compliment and he’ll vigorously try to convince
> you that you are mistaken. “I don’t really do anything important,” he
> says.
> “Many of my colleagues are real lawyers, involved in high-stakes
> litigation
> or helping to run the country. Others are writing scholarship that helps
> solve real-world problems. I just sit around reading and thinking about
> idiosyncratic ideas that hardly anyone else cares about, and occasionally
> I
> write articles that hardly anyone reads. Then I teach that stuff to the
> students.” Levinson avoids the spotlight so strenuously that he attempted
> to
> quash this very magazine profile. But colleagues have developed
> work-arounds. “When you try to say something nice to his face,” Harvard
> Law
> professor Gabriella Blum says, “he turns his head sideways, rolls up his
> eyes, and waves his hand dismissively.” She now e-mails her thank-yous.
>
> Levinson, 41, who taught at NYU Law from 2002 to 2005, rejoins the faculty
> as the first David Boies Professor of Law, after spending last year as an
> inaugural fellow of the Straus Institute for the Advanced Study of Law &
> Justice here. “Daryl is beloved for his commitment to academic values,
> brilliant mind, helping colleagues push their work to the highest level,
> spectacular teaching, and for the way he combines personal warmth with
> darkly cynical wit and humor,” says Richard Pildes, Sudler Family
> Professor
> of Constitutional Law.
>
> This year, Levinson will teach Constitutional Law and Remedies, subjects
> that he has taught many times. Yet he will still prepare eight to 12 hours
> for every in-class hour. Over-preparing is the only way to keep his stage
> fright under control, says Levinson. But the effort pays off. “You don’t
> go
> to his class to hear a stale lesson,” says former student John Rappaport.
> “Watching him present a case, break it down and turn it inside out, is
> like
> watching someone do a magic trick.”
>
> Levinson approaches prevailing ideas with the same skepticism he uses to
> judge himself. “Daryl specializes in popping ideas—taking apart the
> conventional wisdom with devastating results,” says Yale law professor
> Heather Gerken. One example is “Separation of Parties, Not Powers,” which
> he
> co-authored with Pildes and published in the *Harvard Law Review* in 2006.
> Much of constitutional law and scholarship rests on the assumption that
> Congress and the Executive Branch are cast in competing roles that check
> and
> balance each other; this article points out that the lines of conflict in
> politics correlate much more strongly with political parties than with
> branches of government.
>
>
> Another distinctive feature of Levinson’s work is that it often develops
> ideas that range across conventional legal categories—and beyond. In
> “Collective Sanctions” (*Stanford Law Review*, 2003), Levinson examines
> topics ranging from blood feuds in primitive societies to microcredit
> lending in developing countries to determine when it makes sense to punish
> a
> group for the misdeeds of individual members. Similarly, a piece in
> progress
> called “Rights and Votes” explores choices for protecting minorities by
> drawing from at least a dozen legal and political contexts. “He’s
> remarkably
> synthetic in his work,” says David Golove, Hiller Family Foundation
> Professor of Law.
>
>
> Levinson’s work is also acclaimed for bridging major scholarly divides. In
> articles such as “Empire-Building Government in Constitutional Law”
> (*Harvard
> Law Review*, 2005) and “Rights Essentialism and Remedial
> Equilibration” (*Columbia
> Law Review*, 1999), Levinson applies insights from the economic analysis
> of
> corporations and the common law to constitutional law. “By applying the
> intellectual toolkit of privatelaw scholarship to questions of public law,
> Levinson has opened entirely new ways of looking at familiar questions,”
> says John Jeffries Jr., former dean of the University of Virginia School
> of
> Law. His recent work with former Harvard colleague Jack Goldsmith on the
> parallels between constitutional and international law, including the
> article “Law for States” (*Harvard Law Review*, 2009), blurs another
> traditional boundary and creates new possibilities for collaboration and
> cross-pollination.
>
> Levinson regards his own life with droll detachment. He grew up in
> Atlanta,
> where he attended public school. He remembers excelling in eighth grade
> physics taught by Coach Sport. “Sport—his real name—was hired to coach
> football, then was relegated to do classroom teaching,” he says. To
> illustrate the workings of electricity, Sport stripped the wires from a
> hand-cranked generator and would command students, two at a time, to grab
> an
> end. “He would start cranking the generator, and your arm would burn and
> shake. Whoever held on the longest would get an A,” he says. The students
> also learned about wind resistance from the wooden paddle that Sport used
> to
> maintain discipline.
>
> Levinson credits Coach Sport for his intellectual curiosity. “My friends
> and
> I realized that if we wanted to learn anything beyond football and
> corporal
> punishment we would have to figure it out for ourselves.”
>
> Harvard University was a culture shock for Levinson. As his ambitions
> drifted from playing guitar in a punk band to opening a burrito stand, his
> classmates were “already years into strategizing their ascent to the
> Supreme
> Court or Goldman Sachs.” In time, however, he came to appreciate the
> advantages of not being relentlessly groomed for success. “I saw a lot of
> people climbing ladders without much thought about why they wanted to get
> to
> the top.”
>
>
> Levinson’s defining intellectual experience at Harvard came when he
> stumbled
> upon Richard Rorty’s *Philosophy and the Mirror of Nature*. “His work
> showed
> me for the first time that scholarship could be as profound and sublime as
> a
> Nabokov or Faulkner novel.” Earning his B.A. in 1990, Levinson took time
> off
> to travel before entering the University of Virginia to study with Rorty
> himself, and to study law. Graduating in 1995 with a J.D. and, as he
> describes it, “a hodgepodge of graduate work in philosophy and English,”
> Levinson, then 26, accepted Virginia’s offer to teach in the law school
> the
> following year. “I never set out to become a law professor, I didn’t have
> the foresight to realize how great a job it would be for me,” he says.
>
>
> Levinson returns to New York with his wife, Wendy, 40, who plans to
> restart
> her publishing career here, their sons Henry, 5, and Oliver, 2, and the
> family’s labrador retriever, Esther. Teaching at Harvard was “a once in a
> lifetime opportunity” says Levinson, but he missed NYU Law, he confesses.
> “The array of interesting people from every discipline, who are either on
> the faculty or are passing through giving a workshop, doing a colloquium
> or
> teaching a course, is really amazing. There’s an intellectual and cultural
> vibrancy, an openness to new ideas, and a relentlessly forward-looking
> perspective that makes NYU—and New York City—different from anywhere else
> in
> the world.”
>
> --
> Marcelo Andrade Cattoni de Oliveira
> Professor Associado da Faculdade de Direito da UFMG
> http://lattes.cnpq.br/4442732824534071
> Theresa Calvert. Agradeça o endereço do blog e o seu texto abaixo.
> Independentemente de suas acertadas e importantes observações a respeito do
> artigo de Daryl Levison para Harvard Law Review de janeiro de 2011, eu
> "senti" no ar que estavamos diante de uma nova geração de
> constitucionalistas americanos. Quando eu li a mensagem do blog enviado
> por Thereza Calvert pude ver um texto, creio, de 2009 citado de Daryl
> Levison publicado pela Harvard Law Review sob o titulo States Law. Eu não
> li o texto e nem baixei. Trata-se do tema sobre o direito estadual. Eu
> quero afirmar sim que o Daryl Levison "passou" por mim acabei não dando a
> devida importância. No blog enviado por Theresa Calvert, meu caro Marcelo
> Cattoni, percebi que o Levison publicou com Richard Pildes (só procurar no
> google e colocar ssrn). Pildes, creio, vai aparecer na Supreme Law Review
> de maio. O texto de Pildes nós temos, é só colocar no google. É um texto
> bastante instigante datado creio de novembro de 2010. Ele examina
> exaustivamente a polaridade entre majoritários (Robert Dahl, Fridman e
> outros) e contramajoritários (Bickel). A grande questão que se coloca por
> que não há uma renovação do pensamento constitucinal no Brasil. Creio que
> ficamos prisioneiros desse triste quadro que é o nosso STF e a debates que
> já estão datados - principios.
>
>
>
>
>
> Veja que interessante...
>
> Quem me mandou foi a Theresa Calvet, com um abraço para você.
>
> Um grande abraço, Marcelo.
>
> No site *The Law School Magazine* da New York University School of Law:
> http://blogs.law.nyu.edu/magazine/2010/profile-daryl-levinson/
>
> *Introducing Daryl Levinson*
>
> When asked recently for his résumé, Daryl Levinson realized he didn’t have
> one. In 15 years of teaching at three law schools, employers have always
> pursued him. It’s hard to imagine a piece of paper conveying everything
> that
> he has going for him anyway. Colleagues rank him among the most original
> thinkers of constitutional law and theory in the academy. His generosity
> in
> mentoring junior faculty is legendary. He’s so popular with students that
> at
> Harvard Law School, where he had been on the faculty since 2005, the class
> of 2008 honored him with the Sacks-Freund Teaching Award. In short, says
> his
> former Harvard colleague Michael Klarman, “He is the Michael Jordan of the
> legal academy.”
>
> Yet try to pay Levinson a compliment and he’ll vigorously try to convince
> you that you are mistaken. “I don’t really do anything important,” he
> says.
> “Many of my colleagues are real lawyers, involved in high-stakes
> litigation
> or helping to run the country. Others are writing scholarship that helps
> solve real-world problems. I just sit around reading and thinking about
> idiosyncratic ideas that hardly anyone else cares about, and occasionally
> I
> write articles that hardly anyone reads. Then I teach that stuff to the
> students.” Levinson avoids the spotlight so strenuously that he attempted
> to
> quash this very magazine profile. But colleagues have developed
> work-arounds. “When you try to say something nice to his face,” Harvard
> Law
> professor Gabriella Blum says, “he turns his head sideways, rolls up his
> eyes, and waves his hand dismissively.” She now e-mails her thank-yous.
>
> Levinson, 41, who taught at NYU Law from 2002 to 2005, rejoins the faculty
> as the first David Boies Professor of Law, after spending last year as an
> inaugural fellow of the Straus Institute for the Advanced Study of Law &
> Justice here. “Daryl is beloved for his commitment to academic values,
> brilliant mind, helping colleagues push their work to the highest level,
> spectacular teaching, and for the way he combines personal warmth with
> darkly cynical wit and humor,” says Richard Pildes, Sudler Family
> Professor
> of Constitutional Law.
>
> This year, Levinson will teach Constitutional Law and Remedies, subjects
> that he has taught many times. Yet he will still prepare eight to 12 hours
> for every in-class hour. Over-preparing is the only way to keep his stage
> fright under control, says Levinson. But the effort pays off. “You don’t
> go
> to his class to hear a stale lesson,” says former student John Rappaport.
> “Watching him present a case, break it down and turn it inside out, is
> like
> watching someone do a magic trick.”
>
> Levinson approaches prevailing ideas with the same skepticism he uses to
> judge himself. “Daryl specializes in popping ideas—taking apart the
> conventional wisdom with devastating results,” says Yale law professor
> Heather Gerken. One example is “Separation of Parties, Not Powers,” which
> he
> co-authored with Pildes and published in the *Harvard Law Review* in 2006.
> Much of constitutional law and scholarship rests on the assumption that
> Congress and the Executive Branch are cast in competing roles that check
> and
> balance each other; this article points out that the lines of conflict in
> politics correlate much more strongly with political parties than with
> branches of government.
>
>
> Another distinctive feature of Levinson’s work is that it often develops
> ideas that range across conventional legal categories—and beyond. In
> “Collective Sanctions” (*Stanford Law Review*, 2003), Levinson examines
> topics ranging from blood feuds in primitive societies to microcredit
> lending in developing countries to determine when it makes sense to punish
> a
> group for the misdeeds of individual members. Similarly, a piece in
> progress
> called “Rights and Votes” explores choices for protecting minorities by
> drawing from at least a dozen legal and political contexts. “He’s
> remarkably
> synthetic in his work,” says David Golove, Hiller Family Foundation
> Professor of Law.
>
>
> Levinson’s work is also acclaimed for bridging major scholarly divides. In
> articles such as “Empire-Building Government in Constitutional Law”
> (*Harvard
> Law Review*, 2005) and “Rights Essentialism and Remedial
> Equilibration” (*Columbia
> Law Review*, 1999), Levinson applies insights from the economic analysis
> of
> corporations and the common law to constitutional law. “By applying the
> intellectual toolkit of privatelaw scholarship to questions of public law,
> Levinson has opened entirely new ways of looking at familiar questions,”
> says John Jeffries Jr., former dean of the University of Virginia School
> of
> Law. His recent work with former Harvard colleague Jack Goldsmith on the
> parallels between constitutional and international law, including the
> article “Law for States” (*Harvard Law Review*, 2009), blurs another
> traditional boundary and creates new possibilities for collaboration and
> cross-pollination.
>
> Levinson regards his own life with droll detachment. He grew up in
> Atlanta,
> where he attended public school. He remembers excelling in eighth grade
> physics taught by Coach Sport. “Sport—his real name—was hired to coach
> football, then was relegated to do classroom teaching,” he says. To
> illustrate the workings of electricity, Sport stripped the wires from a
> hand-cranked generator and would command students, two at a time, to grab
> an
> end. “He would start cranking the generator, and your arm would burn and
> shake. Whoever held on the longest would get an A,” he says. The students
> also learned about wind resistance from the wooden paddle that Sport used
> to
> maintain discipline.
>
> Levinson credits Coach Sport for his intellectual curiosity. “My friends
> and
> I realized that if we wanted to learn anything beyond football and
> corporal
> punishment we would have to figure it out for ourselves.”
>
> Harvard University was a culture shock for Levinson. As his ambitions
> drifted from playing guitar in a punk band to opening a burrito stand, his
> classmates were “already years into strategizing their ascent to the
> Supreme
> Court or Goldman Sachs.” In time, however, he came to appreciate the
> advantages of not being relentlessly groomed for success. “I saw a lot of
> people climbing ladders without much thought about why they wanted to get
> to
> the top.”
>
>
> Levinson’s defining intellectual experience at Harvard came when he
> stumbled
> upon Richard Rorty’s *Philosophy and the Mirror of Nature*. “His work
> showed
> me for the first time that scholarship could be as profound and sublime as
> a
> Nabokov or Faulkner novel.” Earning his B.A. in 1990, Levinson took time
> off
> to travel before entering the University of Virginia to study with Rorty
> himself, and to study law. Graduating in 1995 with a J.D. and, as he
> describes it, “a hodgepodge of graduate work in philosophy and English,”
> Levinson, then 26, accepted Virginia’s offer to teach in the law school
> the
> following year. “I never set out to become a law professor, I didn’t have
> the foresight to realize how great a job it would be for me,” he says.
>
>
> Levinson returns to New York with his wife, Wendy, 40, who plans to
> restart
> her publishing career here, their sons Henry, 5, and Oliver, 2, and the
> family’s labrador retriever, Esther. Teaching at Harvard was “a once in a
> lifetime opportunity” says Levinson, but he missed NYU Law, he confesses.
> “The array of interesting people from every discipline, who are either on
> the faculty or are passing through giving a workshop, doing a colloquium
> or
> teaching a course, is really amazing. There’s an intellectual and cultural
> vibrancy, an openness to new ideas, and a relentlessly forward-looking
> perspective that makes NYU—and New York City—different from anywhere else
> in
> the world.”
>
> --
> Marcelo Andrade Cattoni de Oliveira
> Professor Associado da Faculdade de Direito da UFMG
> http://lattes.cnpq.br/4442732824534071
--
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