archive

Inventing the classical constitution

Stephen E. Sachs (Duke): The “Constitution in Exile” as a Problem for Legal Theory. Herbert J. Hovenkamp (Iowa): Inventing the Classical Constitution. Stephen Rohde reviews The Classical Liberal Constitution: The Uncertain Quest for Limited Government by Richard A. Epstein (and more and more). Steven J. Heyman (IIT): The Conservative-Libertarian Turn in First Amendment Jurisprudence. Leo E. Strine Jr. (Harvard) and Nicholas Walter (Yale): Conservative Collision Course? The Tension between Conservative Corporate Law Theory and Citizens United. Reva Siegel (Yale): Race-Conscious But Race-Neutral: The Constitutionality of Disparate Impact in the Roberts Court. Cedric Merlin Powell (Louisville): Justice Thomas, Brown v. Board of Education, and Post-Racial Determinism. Adam Lamparello (Indiana Tech): The Legacy of Anthony M. Kennedy. What might have been: Benjamin Pieter Pomerance on 25 years of Robert Bork on the United States Supreme Court. Stephen E. Sachs (Duke): Originalism as a Theory of Legal Change. Brad Masters (BYU): Reconciling Originalism with the Father of Conservatism: How Edmund Burke Answers the Disruption Dilemma in N.L.R.B. v. Canning. Scott D. Gerber (Ohio Northern): Liberal Originalism: The Declaration of Independence and Constitutional Interpretation. Herbert Hovenkamp (Iowa): Progressive Legal Thought. Robert Greenstein on how a constitutional convention could be the single most dangerous way to “fix” American government. Lawrence Friedman reviews Looking for Rights in All the Wrong Places: Why State Constitutions Contain America’s Positive Rights by Emily Zackin. Richard A. Epstein and Mario Loyola on the United State of America: Washington is expanding its power by turning state governments into instruments of federal policy.