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Now showing items 81-90 of 95
The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship
(Constitutional Commentary, 1988)
In the past twenty years, historians have greatly enriched our knowledge of the eighteenth-century ideas that underlie the Constitution. Much of this scholarship has been devoted to rediscovery of eighteenth century ...
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 ...
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 ...
An Originalist Understanding of Minimalism
(Northwestern University Law Review, 1993)
The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...
Politics and Judgment
(Missouri Law Review, 2005)
Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American ...
Logic Without Experience: The Problem of Federal Appellate Courts
(Notre Dame Law Review, 2006)
Conventional wisdom holds that federal jurisdiction is contracting and district court discretion is expanding. This Article argues that the conventional wisdom is wrong, and that the true doctrinal trends do not bode well ...
The Law Professor as Schizophrenic
(Green Bag 2D, 2000)
Neal Devins says that we don't put political science into our casebooks and Gerald Rosenberg levels the same charge at our scholarship. And so it has fallen to me to defend the ranks of law professors from these scurrilous ...
Independent Judges and Independent Justice
(Law and Contemporary Problems, 1998)
Professor Currie's article [See David P. Currie, "Separating Judicial Power", 61 LAW & CONTEMPORARY PROBLEMS 7 (Summer 1998) ] discusses historical attempts to limit judicial independence. I consider the converse: how ...
Civic Virtue and the Feminine Voice in Constitutional Adjudication
(Virginia Law Review, 1986)
What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision ...
Hard Cases Make Good Judges
(Northwestern University Law Review, 2004)
Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...