Imagined communities: Reflections on the origin and spread of nationalism

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Ethnic Groups in Conflict

Context.— Previous studies have documented that cancer patients tend to overestimate the probability of long-term survival. If patient preferences about the trade-offs between the risks and benefits associated with alternative treatment strategies are based on inaccurate perceptions of prognosis, then treatment choices may not reflect each patient’s true values. Objective.— To test the hypothesis that among terminally ill cancer patients an accurate understanding of prognosis is associated with a preference for therapy that focuses on comfort over attempts at life extension. Design.— Prospective cohort study. Setting.—Five teaching hospitals in the United States. Patients.—A total of 917 adults hospitalized with stage III or IV non‐small cell lung cancer or colon cancer metastatic to liver in phases 1 and 2 of the Study to Understand Prognoses and Preferences for Outcomes and Risks of Treatments (SUPPORT). Main Outcome Measures.— Proportion of patients favoring life-extending therapy over therapy focusing on relief of pain and discomfort, patient and physician estimates of the probability of 6-month survival, and actual 6-month survival. Results.— Patients who thought they were going to live for at least 6 months were more likely (odds ratio [OR], 2.6; 95% confidence interval [CI], 1.8-3.7) to favor lifeextending therapy over comfort care compared with patients who thought there was at least a 10% chance that they would not live 6 months. This OR was highest (8.5; 95% CI, 3.0-24.0) among patients who estimated their 6-month survival probability at greater than 90% but whose physicians estimated it at 10% or less. Patients overestimated their chances of surviving 6 months, while physicians estimated prognosis quite accurately. Patients who preferred life-extending therapy were more likely to undergo aggressive treatment, but controlling for known prognostic factors, their 6-month survival was no better. Conclusions.— Patients with metastatic colon and lung cancer overestimate their survival probabilities and these estimates may influence their preferences about medical therapies.

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Relationship Between Cancer Patients' Predictions of Prognosis and Their Treatment Preferences

Taking Rights Seriously.

1. Migration as a new metaphor in comparative constitutional law Sujit Choudhry Part I. The Methodology of Comparativism: 2. On the blurred methodological matrix of comparative constitutional law Ran Hirschl 3. Some reflections on method in comparative constitutional law Mark Tushnet 4. The postwar paradigm and American exceptionalism Lorraine Weinrib Part II. Convergence Toward a Liberal Democratic Model?: 5. Questioning the migration of constitutional ideas: rights, constitutionalism and the limits of convergence Jeff Goldsworthy 6. Spreading liberal constitutionalism: an inquiry into the fate of free speech rights in new democracies Andras Sajo and Michel Rosenfeld 7. Underlying principles and the migration of reasoning templates: a trans-systemic reading of the Quebec Secession Reference Jean-Francois Gaudreault-Desbiens 8. Migrating marriages and comparative constitutionalism Brenda Cossman Part III. Comparative Constitutional Law, International Law and Transnational Governance: 9. Inimical to constitutional values: complex migrations of constitutional rights Mayo Moran 10. Democratic constitutionalism encounters international law: terms of engagement Mattias Kumm 11. Constitution or model treaty? Struggling over the interpretive authority of NAFTA David Schneiderman 12. The migration of constitutional ideas and the migration of the constitutional idea: the case of the EU Neil Walker Part IV. Comparative Constitutional Law in Action - Constitutionalism Post 9/11: 13. The migration of anti-constitutional ideas: the post-9/11 globalization of public law and the international state of emergency Kim Scheppele 14. The post-9/11 migration of Britain's Terrorism Act 2000 Kent Roach 15. Control systems and the migration of anomalies Oren Gross.

The Migration of Constitutional Ideas

Introduction: Integration, Accommodation and the Agenda of Comparative Constitutional Law PART I: SETTING THE STAGE 1. Integration or accommodation? The enduring debate in conflict regulation 2. The internationalization of minority rights 3. Does the world need more Canada? The politics of the Canadian model in constitutional politics and political theory 4. Beyond the dichotomy of universalism and difference: four responses to cultural diversity 5. Groups and constitutionalism in divided societies: a dynamic approach to the design of democratic institutions PART II: CASE STUDIES 6. Indonesia's quasi-federalist approach: accommodation amidst strong integrationist tendencies 7. Integrationist and accommodationist measures in Nigeria's constitutional engineering: successes and failures 8. The limits of constitutionalism in the Muslim world: identity and narration in Islamic law 9. A tale of three constitutions: ethnicity and politics in Fiji 10. Rival nationalisms in a plurinational state: Spain, Catalonia and the Basque Country 11. Northern Ireland 12. Iraq's Constitution of 2005: liberal consociation as political prescription 13. Recognition without empowerment: minorities in a democratic South Africa 14. Giving with one hand: Scottish devolution within a unitary state

Constitutional design for divided societies : integration or accommodation?

The use of comparative constitutional materials in constitutional interpretation – comparative constitutional interpretation – has emerged as a central component of contemporary constitutional practice. This article identifies three distinct modes of comparative constitutional interpretation (universalist, genealogical, and dialogical) which offer courts the interpretive resources to explain why comparative law should count. Because of their centralizing role in legitimizing and validating the exercise of public power, courts are under an obligation to engage in a process of justification for their decisions. Through an examination of the case law of the Constitutional Court of South Africa and the Supreme Court of Canada, the author discusses the three ways that justification occurs within comparative constitutional jurisprudence and the distinct normative justification for the use of comparative law that each offers. The author finally assesses the scope, effects, and the legitimacy of the normative claims of each mode.

Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation

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Sujit Choudhry

Papers

The Migration of Constitutional Ideas

Constitutional design for divided societies : integration or accommodation?

Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation

Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation

Public opinion regarding end-of-life decisions: influence of prognosis, practice and process.