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The Founders' Unwritten Constitution
(University of Chicago Law Review, 1987)
In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
An Essay Concerning Toleration
(Minnesota Law Review, 1987)
This essay has suggested, through review of two recent works, how toleration theory can and cannot be used to provide a viable alternative to both moribund liberal ideas and the increasingly successful program of the new ...