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Now showing items 21-24 of 24
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 ...
The Classical Constitution and the Historical Constitution: Separated at Birth
(New York University Journal of law & Liberty, 2014)
As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts ...
Selective Judicial Activism
(Georgetown Journal of Law & Public Policy, 2016)
This Essay, written for a symposium asking “Is the Rational Basis Test Unconstitutional?,” defends the bifurcated-scrutiny approach of Carolene Products and its famous footnote four. A growing cadre of conservative and ...
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 ...