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Emotional Common Sense as Constitutional Law
(Vanderbilt Law Review, 2009)
In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional ...
Justice Ginsburg's Gradualism in Criminal Procedure
(Ohio State Law Journal, 2009)
This article, written for a symposium analyzing Justice Ginsburg’s jurisprudence on the 15th anniversary of her tenure on the Supreme Court, is the first sustained look at her views on criminal procedure issues (search and ...