archive

The law beyond the rules

Richard H. Pildes (NYU): Is the Supreme Court a "Majoritarian" Institution? Airline Deregulation, Revisited: Supreme Court Justice Stephen Breyer reflects on the benefits of competition — and its hazards. David Fontana (GW): Comparative Originalism. Eric Posner on why originalism is so popular. Harold Anthony Lloyd (Wake Forest): "Original" Means Old, "Original" Means New: An "Original" Look at What "Originalists" Do. Jonathan Turley on the price of Scalia's political stardom. Lawrence Rosenthal (Chapman): Originalism in Practice. You got stare decisis in my originalism!: You got originalism in my stare decisis! Arnold H. Loewy (Texas Tech): Chief Justice Roberts (A Preliminary Assessment) and A Tale of Two Justices (Scalia and Breyer). A review of The Conservative Assault on the Constitution by Erwin Chemerinsky. Adam Lamparello (Loyola): Bridging the Divide between Justice Breyer's Progressivism and Justice Scalia's Originalism. In the decade since deciding the 2000 presidential election, the Supreme Court has gained a disturbing degree of self-confidence, argues Pamela S. Karlan in her retrospective on Bush v. Gore. William D. Araiza (Brooklyn): Justice Stevens and Constitutional Adjudication: The Law Beyond the Rules. As the youngest leader of the high court in two centuries, Chief Justice John Roberts Jr. has the energy, the intellect, and the votes to reshape our world. Is any part of the constitution unconstitutional? The short answer to the question is: Yes.