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Now showing items 21-30 of 34
Why We Need More Judicial Activism
(Green Bag, 2013)
Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial ...
What's Law Got to Do With It?
(Perspectives on Politics, 2004)
The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
How is Constitutional Law Made?
(Michigan Law Review, 2002)
Professors George and Pushaw review Maxwell L. Stearns’ book, "Constitutional Process: A Social Choice Analysis of Supreme Court decision making." In his book, Stearns demonstrates that the U.S. Supreme Court fashions ...
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 ...
Justice Ginsburg's Gradualism in Criminal Procedure
(Ohio State Law Journal, 2009)
This article, written for a symposium analyzing Justice Ginsburg’s jurisprudence on the 15th anniversary of her tenure on the Supreme Court, is the first sustained look at her views on criminal procedure issues (search and ...
From Judge to Justice: Social Background Theory and the Supreme Court
(North Carolina Law Review, 2008)
The Roberts Court Justices already have revealed many differences from one another, but they also share a (possibly) significant commonality: Presidents promoted all of them to the U.S. Supreme Court from the U.S. Courts ...
Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention
(Vanderbilt Law Review, 2011)
One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne ...
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 ...
Is the Supreme Court Failing at Its Job, or Are We Failing at Ours
(Vanderbilt Law Review, 2016-05)
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 ...
The Forest and the Trees
(Vanderbilt Lawyer, 2002)
Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church ...