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Now showing items 41-50 of 95
The 200,000 Cards of Dimitri Yurasov: Further Reflections on Scholarship and Truth
(Stanford Law Review, 1994)
Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor ...
Judges of Character
(Wake Forest L. Rev., 2003)
For forty years, legal academics have been lost in a wilderness born of the countermajoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether ...
The Forgotten Victims
(University of Colorado Law Review, 1992)
The attention and hand-wringing lavished on race relations by Aleinikoff and many others obscures the fact that by every measurement of formal equality, and by many measures of substantive equality, white women are further ...
Perspectives: Law in the Grand Manner
(Constitutional Commentary, 1985)
Being a Supreme Court justice must have been more fun in the eighteenth century than it is today. The caseload was lighter, and the Court was a social as well as a political center., The justices also apparently felt ...
Liberty's Safety Net
(Green Bag 2D, 2013)
I am honored and humbled by the breadth and depth of the responses to my essay on judicial activism, including Richard Epstein's very generous introduction. Each of the contributors has packed a tremendous amount of insight ...
Issue Manipulation by the Burger Court
(Minnesota Law Review, 1986)
Members of the dominant faction of the current Supreme Court are apparently trying to have their cake and eat it, too. In some contexts, the Court uses constitutionally grounded notions of judicial restraint to deny ...
The Eleventh Amendment and Stare Decisis: Overruling Hans v. Louisiana
(The University of Chicago Law Review, 1990)
There is currently a dispute raging about the meaning of the Eleventh Amendment, which protects states from suits in federal court. The language of that amendment appears to deny federal jurisdiction only over suits brought ...
Pick a Number, Any Number: State Representation in Congress After the 2000 Census
(California Law Review, 2002)
In this essay, Professors Edelman and Sherry explain the mathematics behind the allocation of congressional seats to each state, and survey the different methods of allocation that Congress has used over the years. Using ...
Irresponsibility Breeds Contempt
(Green Bag 2D, 2002)
Everyone is picking on the Supreme Court these days. To be sure, some of the
criticism is warranted: the Court has butchered history - to say nothing of constitutional
text - in its attempt to interpret the Eleventh ...
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 ...