Running Cars, Constitutions and Metaphors into the Ground
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on the present Constitution.” he writes, “is similar to...
View ArticleThe Price of Fame: Brown as Celebrity
This essay examines the history of Brown I, Brown II, and Bolling in the Supreme Court of the United States. Enduring precedents, the analysis suggests, go through three stages. In the first stage,...
View ArticleConstitutional Democracy, Human Dignity, and Entrenched Evil
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather...
View ArticleAntebellum Perspectives on Free Speech
Book review of Free Speech: "The People's Darling Privilege": Struggles for Freedom of Expression in American History by Michael Kent Curtis (Duke University Press, 2000).
View ArticleEncyclopedia of the Supreme Court of the United States
This 5-volume set focuses on the substance of American law, the processes that produce its legal principles, and the history of the Supreme Court, from its creation to the present. One of the...
View ArticleA Tale Told by a President
Part I of this essay makes the case for symbolic politics. Presidents often have political reasons for subjecting courts to mere words. Part II makes the case for constitutional hardball.
View ArticleDred Scott and the Problem of Constitutional Evil
Dred Scott and the Problem of Constitutional Evil concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the...
View ArticleTransforming Free Speech; the Ambiguous Legacy of Civil Libertarianism
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech...
View ArticleRethinking Abortion: Equal Choice, the Constitution, and Reproductive Politics
Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice--abortion should remain legal or...
View ArticleMarbury versus Madison: Documents and Commentary
Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain: the...
View ArticleHollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context
Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional canon and the constitutional anticanon. Neither the canonical nor the...
View ArticleAmerican Constitutionalism: volume I: Structures of Government
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith...
View ArticleAmerican Constitutionalism: volume II: Rights & Liberties
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith...
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