Comparative Law

Link

A Theory of Judicial Power and Judicial Review, Georgetown Law Journal (2009)

Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic. This Article...

 

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Link

Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)

Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...

 

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Georgia Law Review (2006)

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order...

 

Link

Generic Constitutional Law, Minnesota Law Review (2005)
This article seeks to explore why, as Justice Breyer has put it, "[j]udges in different...
 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

Constitutional Law

Link

A Theory of Judicial Power and Judicial Review, Georgetown Law Journal (2009)

Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic. This Article...

 

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Link

Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)

Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...

 

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Georgia Law Review (2006)

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order...

 

Link

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, University of San Diego Legal Working Paper Series (2005)
Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in...
 

Link

Generic Constitutional Law, Minnesota Law Review (2005)
This article seeks to explore why, as Justice Breyer has put it, "[j]udges in different...
 

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

Courts

Link

A Theory of Judicial Power and Judicial Review, Georgetown Law Journal (2009)

Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic. This Article...

 

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Link

What Is Judicial Ideology, and How Should We Measure It? (with Joshua B. Fischman), Washington University Journal of Law & Policy (2008)

Scholars have for decades sought to measure judicial ideology and its impact on judicial behavior....

 

PDF

Judicial Selection, Appointments Gridlock, and the Nuclear Option (with Lawrence B. Solum), Journal of Contemporary Legal Issues (2006)

In this paper, we employ simple formal models drawn from political science to explain the...

 

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Georgia Law Review (2006)

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order...

 

Link

Strategic Judicial Lawmaking: Ideology, Publication, and Asylum Law in the Ninth Circuit, University of Cincinnati Law Review (2005)
Previous empirical research has demonstrated that, in a number of contexts, federal appeals court judges...
 

Link

Why Nuclear Disarmament May Be Easier to Achieve Than an End to Partisan Conflict over Judicial Appointments (with Sanford Levinson), University of Richmond Law Review (2005)

What do nuclear competition and federal judicial selection share in common? Both involve strategic interactions...

 

Link

Generic Constitutional Law, Minnesota Law Review (2005)
This article seeks to explore why, as Justice Breyer has put it, "[j]udges in different...
 

PDF

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, Cardozo Law Review (2005)
This article argues that the expansion of the White House's role in judicial appointments since...
 

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

General Law

Link

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, University of San Diego Legal Working Paper Series (2005)
Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in...
 

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Globalization

Link

Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)

Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...

 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

International Law

Link

Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)

Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...

 

Link

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, University of San Diego Legal Working Paper Series (2005)
Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in...
 

Judges

Link

A Theory of Judicial Power and Judicial Review, Georgetown Law Journal (2009)

Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic. This Article...

 

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Link

What Is Judicial Ideology, and How Should We Measure It? (with Joshua B. Fischman), Washington University Journal of Law & Policy (2008)

Scholars have for decades sought to measure judicial ideology and its impact on judicial behavior....

 

PDF

Judicial Selection, Appointments Gridlock, and the Nuclear Option (with Lawrence B. Solum), Journal of Contemporary Legal Issues (2006)

In this paper, we employ simple formal models drawn from political science to explain the...

 

Link

Strategic Judicial Lawmaking: Ideology, Publication, and Asylum Law in the Ninth Circuit, University of Cincinnati Law Review (2005)
Previous empirical research has demonstrated that, in a number of contexts, federal appeals court judges...
 

Link

Why Nuclear Disarmament May Be Easier to Achieve Than an End to Partisan Conflict over Judicial Appointments (with Sanford Levinson), University of Richmond Law Review (2005)

What do nuclear competition and federal judicial selection share in common? Both involve strategic interactions...

 

Link

Generic Constitutional Law, Minnesota Law Review (2005)
This article seeks to explore why, as Justice Breyer has put it, "[j]udges in different...
 

PDF

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, Cardozo Law Review (2005)
This article argues that the expansion of the White House's role in judicial appointments since...
 

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

Judicial Appointment & Behavior

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Link

What Is Judicial Ideology, and How Should We Measure It? (with Joshua B. Fischman), Washington University Journal of Law & Policy (2008)

Scholars have for decades sought to measure judicial ideology and its impact on judicial behavior....

 

PDF

Judicial Selection, Appointments Gridlock, and the Nuclear Option (with Lawrence B. Solum), Journal of Contemporary Legal Issues (2006)

In this paper, we employ simple formal models drawn from political science to explain the...

 

Link

Strategic Judicial Lawmaking: Ideology, Publication, and Asylum Law in the Ninth Circuit, University of Cincinnati Law Review (2005)
Previous empirical research has demonstrated that, in a number of contexts, federal appeals court judges...
 

Link

Why Nuclear Disarmament May Be Easier to Achieve Than an End to Partisan Conflict over Judicial Appointments (with Sanford Levinson), University of Richmond Law Review (2005)

What do nuclear competition and federal judicial selection share in common? Both involve strategic interactions...

 

PDF

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, Cardozo Law Review (2005)
This article argues that the expansion of the White House's role in judicial appointments since...
 

Judicial Politics

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Jurisdiction

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Jurisprudence

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Georgia Law Review (2006)

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order...

 

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

Law and Society

Link

Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)

Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...

 

PDF

Judicial Selection, Appointments Gridlock, and the Nuclear Option (with Lawrence B. Solum), Journal of Contemporary Legal Issues (2006)

In this paper, we employ simple formal models drawn from political science to explain the...

 

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Georgia Law Review (2006)

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order...

 

Link

Strategic Judicial Lawmaking: Ideology, Publication, and Asylum Law in the Ninth Circuit, University of Cincinnati Law Review (2005)
Previous empirical research has demonstrated that, in a number of contexts, federal appeals court judges...
 

Link

Why Nuclear Disarmament May Be Easier to Achieve Than an End to Partisan Conflict over Judicial Appointments (with Sanford Levinson), University of Richmond Law Review (2005)

What do nuclear competition and federal judicial selection share in common? Both involve strategic interactions...

 

PDF

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, Cardozo Law Review (2005)
This article argues that the expansion of the White House's role in judicial appointments since...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Legal Profession

PDF

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, University of San Diego Legal Working Paper Series (2004)
Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Public Law and Legal Theory

Link

A Theory of Judicial Power and Judicial Review, Georgetown Law Journal (2009)

Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic. This Article...

 

Link

The Anatomy of a Conservative Court: Judicial Review in Japan, Texas Law Review (2009)

The Supreme Court of Japan is widely considered the most conservative constitutional court in the...

 

Link

Globalization and the Future of Constitutional Rights, Northwestern University Law Review (2008)

Globalization – the drastic reduction of barriers to transborder movement and exchange – is a...

 

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Georgia Law Review (2006)

Sovereigns, like individuals, must sometimes make commitments that limit their freedom of action in order...

 

Link

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, University of San Diego Legal Working Paper Series (2005)
Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in...
 

Link

Generic Constitutional Law, Minnesota Law Review (2005)
This article seeks to explore why, as Justice Breyer has put it, "[j]udges in different...
 

Link

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, University of San Diego Legal Working Paper Series (2004)
This paper argues that the expansion of the White House's role in judicial appointments since...
 

Link

Generic Constitutional Law, University of San Diego Legal Working Paper Series (2004)
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here...
 

No subject area

PDF

The Paradox of Omnipotence: Courts, Constitutions, and Commitments, Center for the Study of Law and Society Jurisprudence and Social Policy Program (2006)