Bibliographic record
Abstract
There are four key elements of the horizontal effect of constitutional rights of which I take stock in the four sections of this paper: 1) the law is everywhere; 2) private spheres and private law are as subject to the normative demands of constitutional law as any other societal sphere or any other sphere of law; 3) the effect of constitutional law on private law is as direct as it is on any other sphere of law; and 4) all human conduct, however private, has some degree of “public function.” In the unpacking of these four elements, I rely repeatedly on an elementary but profound Rawlsian characterization of political-liberal societies to dispel any Orwellian tones that any of them may seem to raise. I then end with a political-historical reflection — in dialogue with Joel Bakan and Sujit Choudhry’s contribution to this special issue — on the importance of cleaning up the conceptual disaster in the horizontal effect jurisprudence developed in Lüth and Dolphin.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.007 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.004 | 0.038 |
| Scholarly communication | 0.008 | 0.016 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.005 | 0.011 |
| Insufficient payload (model declined to judge) | 0.011 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".