Now showing items 21-30 of 93
States Are People Too
(Notre Dame Law Review, 2000)
There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought ...
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 ...
Selective Judicial Activism in the Equal Protection Context: Democracy, Distrust, and Deconstruction
(Georgetown Law Journal, 1984)
The equal protection clause, ambiguous in its language and its history,' has over the last three decades been transformed from the "last resort of constitutional arguments' into a significant force in shaping the American ...
The Early Virginia Tradition of Extra-Textual Interpretation
(Albany Law Review, 1989)
Without Virtue There Can Be No Liberty
(Minnesota Law Review, 1993)
Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of ...
Democracy and the Death of Knowledge
(University of Cincinnati Law Review, 2007)
This essay was presented as the 2006 William Howard Taft lecture at the University of Cincinnati College of Law. It suggests that the conflation of politics and law - the view that judges are not legal experts but rather ...
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, ...
Natural Law in the States
(Cincinnati Law Review, 1992)
Two of our most cherished constitutional myths are that we are, more or less, carrying on the constitutional traditions of the framers, and that the framers' most significant innovation was the invention of a written ...
Too Clever By Half: The Problem with Novelty in Constitutional Law
(Northwestern University Law Review, 2001)
As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...
Haste Makes Waste: Congress and the Common Law in Cyberspace
(Vanderbilt Law Review, 2002)
Every time a new technology creates legal problems, we face in a particular context the general question of relative institutional competence. Do we turn first to the judiciary, allowing time for a gradual solution derived ...