Author Archive | Neomi Rao

Yesterday I discussed my recent essay The Trouble with Dignity and Rights of Recognition. I want to explain further why I believe the Court’s decision ultimately does not rest on a federalism rationale, in part addressing Professor Ernest Young’s thoughtful response to my essay. The Court’s right of recognition is linked to the substantive right […]

Commentators on Windsor v. United States, in which the Supreme Court invalidated Section 3 of the Defense of Marriage Act, have puzzled about whether the Court’s opinion relies on a federalism rationale or instead some broader rationale about rights for same-sex couples. In The Trouble with Dignity and Rights of Recognition, recently published in the […]

Dignity as Recognition Dignity of recognition is the final conception of dignity from Three Concepts of Dignity in Constitutional Law, 86 Notre Dame Law Review 183 (2011).  Earlier this week I introduced the topic and discussed the dignity of intrinsic human worth and various substantive dignities. It is perhaps in this last category where the […]

Today I explain the second concept of dignity, substantive dignity, from my article Three Concepts of Dignity in Constitutional Law, 86 Notre Dame Law Review 183 (2011).  My introduction and post on intrinsic human dignity can be found here and here. By contrast to inherent or intrinsic dignity, positive conceptions of dignity promote substantive judgments […]

Yesterday I introduced Three Concepts of Dignity in Constitutional Law, 86 Notre Dame Law Review 183 (2011).  Below I explain the first concept of dignity, the dignity of intrinsic human worth.  This may be the most familiar concept of dignity in American culture because of its association with classical liberal principles of individual liberty. This […]

I am very pleased to be guest-blogging at the Volokh Conspiracy about my article, Three Concepts of Dignity in Constitutional Law, 86 Notre Dame L. Rev. 183 (2011).  The article identifies and explains three political and philosophical concepts of dignity found in constitutional decisions.  In my posts, I will explain how dignity can have very […]