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RFRA-Vote Gambling: Why Paulsen is Wrong, As Usual
(Constitutional Commentary, 1997)
Supreme Court currents are no less treacherous to navigators than are river currents-and, as Michael Paulsen himself has previously pointed out, RFRA shares more than a linguistic resonance with a river.1 Unfortunately, ...
All the Supreme Court Really Needs to Know It Learned from the Warren Court
(Vanderbilt Law Review, 1997)
It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...
Using and Misusing History
(Reviews in American History, 1997)
Since Alfred Kelly coined the term "law-office history" in 1965, been added-except ever-multiplying examples-to the perennial about how lawyers and legal academics use history. Laura Kalman's ing new book about legal ...