Constitutional Law

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The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, and the Direction of Judicial Decision Making, 56 Howard Law Journal 101 (2013)

This Article offers a more sophisticated account of elite theory that incorporates the crucial insights...

 
American Constitutionalism: volume II: Rights & Liberties (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)

Constitutionalism in the United States is not determined solely by decisions made by the Supreme...

 

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American Constitutionalism: volume I: Structures of Government (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)

Constitutionalism in the United States is not determined solely by decisions made by the Supreme...

 

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Hollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context, 125 Harvard Law Review Forum 33 (2011)

Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional...

 

Political Science

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Redeeming and Living with Evil, Maryland Law Review (2012)
 

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A Tale Told by a President, 28 Yale Law & Policy Review: Inter Alia 13 (2010)

Part I of this essay makes the case for symbolic politics. Presidents often have political...

 

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Settling the West: The Annexation of Texas, The Louisiana Purchase, and Bush v. Gore, The Louisiana Purchase and American Expansion 1803-1898 (2005)
 

Legal History

American Constitutionalism: volume II: Rights & Liberties (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)

Constitutionalism in the United States is not determined solely by decisions made by the Supreme...

 

Link

American Constitutionalism: volume I: Structures of Government (with Howard Gillman and Keith E. Whittington), Book Gallery (2012)

Constitutionalism in the United States is not determined solely by decisions made by the Supreme...

 

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Hollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context, 125 Harvard Law Review Forum 33 (2011)

Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional...

 

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Selection Biases (with Sanford Levinson), 45 Tulsa Law Review 575 (2010)
 

Civil Rights

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Transforming Free Speech; the Ambiguous Legacy of Civil Libertarianism, Book Gallery (1991)

Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech...

 

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The Jacksonian Makings of the Taney Court, (2005)

Many twentieth century commentators regard the willingness of Taney Court majorities to declare laws unconstitutional...

 

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Antebellum Perspectives on Free Speech, All Faculty Publications (2002)

Book review of Free Speech: "The People's Darling Privilege": Struggles for Freedom of Expression in...

 

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The Nonmajoritarian Difficulty: Legislative Deference to the Judiciary, 7 Studies in American Political Development 35 (1993)