Now showing items 1-6 of 6
Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time
(Pepperdine Law Review, 2011)
This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude ...
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 ...
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 ...
What's Law Got to Do With It?
(Perspectives on Politics, 2004)
The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
The Ninth Amendment: Righting an Unwritten Constitution
(Chicago-Kent Law Review, 1988)
As the recent Symposium in these pages indicated, the preliminary debate over the meaning of the ninth amendment is essentially over. Despite the diversity of views expressed in the Symposium, all but one contributor agreed ...
Our Unconstitutional Senate
(Constitutional Commentary, 1995)
In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...