Search
Now showing items 31-38 of 38
Democracy Uncaged
(Constitutional Commentary, 2008)
Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the ...
Progressive Regression
(Stanford Law Review, 1995)
Robin West has written a book that every constitutional scholar would like
to like. In Progressive Constitutionalism, she promises us a new and historically
accurate interpretation of the Fourteenth Amendment that will ...
The Classical Constitution and the Historical Constitution: Separated at Birth
(New York University Journal of law & Liberty, 2014)
As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts ...
Selective Judicial Activism
(Georgetown Journal of Law & Public Policy, 2016)
This Essay, written for a symposium asking “Is the Rational Basis Test Unconstitutional?,” defends the bifurcated-scrutiny approach of Carolene Products and its famous footnote four. A growing cadre of conservative and ...
Separated by a Common Language?
(Rutgers Computer & Technology Law Journal, 2009)
This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy ...
Federalism and Accountability
(California Law Review, 2007)
This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact ...
The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains
(Cornell Law Review, 2017)
Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...
Don't Answer That!
(Vanderbilt Law Review En Banc, 2013)
Forget hard cases: "bad" cases make bad law. DaimlerChrysler Corp. v. Bauman, which never should have been filed in a California federal court, has the potential to make very bad law. It is a paradigmatic example of egregious ...