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Now showing items 11-20 of 38
Constitutional Risks to Equal Protection in the Criminal Justice System
(Harvard Law Review, 2001)
This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
Two Hundred Years Ago Today
(Law and Inequality, 1988)
There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...
The Four Pillars of Constitutional Doctrine
(Cardozo Law Review, 2011)
Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct ...
The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure
(Virginia Law Review, 2012)
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
The Ninth Amendment: Righting an Unwritten Constitution
(Chicago-Kent Law Review, 1988)
As the recent Symposium in these pages indicated, the preliminary debate over the meaning of the ninth amendment is essentially over. Despite the diversity of views expressed in the Symposium, all but one contributor agreed ...
Our Unconstitutional Senate
(Constitutional Commentary, 1995)
In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
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 ...
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 ...
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 ...
A Pox on Both Your Houses
(Journal of Law, Economics, and Policy, 2013)
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...