Constitutional Law
Running Cars, Constitutions and Metaphors into the Ground, 18 The Good Society 35 (2009)
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that...
False Modesty: Felix Frankfurter and the Tradition of Judicial Restraint, Washburn Law Journal (2008)
Professor Jeffrey Rosen is the leading champion of judicial modesty among legal academics and public...
The Countermajoritarian Difficulty: From Courts to Congress to Constitutional Order, 4 Annual Review of Law and Social Science 361 (2008)
This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from...
The Price of Fame: Brown as Celebrity, 69 Ohio State Law Journal 939 (2008)
This essay examines the history of Brown I, Brown II, and Bolling in the Supreme...
Legal History
James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25, (2009)
James Buchanan is often credited with being the unlikely savior of judicial review in early...
Resolving Political Questions into Judicial Questions: Tocqueville's Thesis Revisited, 21 Constitutional Commentary 485 (2004)
This paper explores whether national political questions during the second party system were resolved into...
Political Science
Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching, 3 Perspectives on Politics 135 (2005)
Settling the West: The Annexation of Texas, The Louisiana Purchase, and Bush v. Gore, The Louisiana Purchase and American Expansion 1803-1898 (2005)
Thick and Thin: Interdisciplinary Conversations on Populism, Law, Political Science, and Constitutional Change, 90 Georgetown Law Journal 233 (2001)
No subject area
The Jacksonian Makings of the Taney Court, (2005)
Many twentieth century commentators regard the willingness of Taney Court majorities to declare laws unconstitutional...