Constitutional Law
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...
Foreword: Making Sense of an Eighteenth-Century Constitution in a Twenty-First-Century World, 67 Maryland Law Review 1 (2007)
The Maryland Constitutional Law Schmooze, "An Eighteenth-Century Constitution in a Twenty-First-Century World" explores the interpretive...
Looking off the Ball: Constitutional Law and American Politics, Oxford Handbook on Public Law (2007)
“Looking Off the Ball” details how and why constitutional law influences both judicial and public...
"No Better Than They Deserve:" Dred Scott and Constitutional Democracy, 34 Northern Kentucky Law Review 589 (2007)
Does it Really Matter? Conservative Courts in a Conservative Era, 75 Fordham Law Review 675 (2006)
This essay explores the likelihood that conservative federal courts in the near future will be...
Enumeration and Other Constitutional Strategies for Protecting Rights: the View from 1787/1791, 9 University of Pennsylvania Journal of Constitutional Law 357 (2006)
This paper interprets the constitution of 1791 in light of the constitution of 1787. The...
From the Countermajoritarian Difficulty to Juristocracy and the Political Construction of Judicial Power, 65 Maryland Law Review 1 (2006)
Legal, Strategic or Legal Strategy: Deciding to Decide during the Civil War and Reconstruction, The Supreme Court and American Political Development (2006)
Popular Constitutionalism, Judicial Supremacy, and the Complete Lincoln-Douglas Debates, 81 Chicago Kent Law Review 923 (2006)
Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching, 3 Perspectives on Politics 135 (2005)
Counter-stories: Maintaining and Expanding Civil Liberties in Wartime, The Constitution in Wartime: Beyond Alarmism and Complacency (2005)
Settling the West: The Annexation of Texas, The Louisiana Purchase, and Bush v. Gore, The Louisiana Purchase and American Expansion 1803-1898 (2005)
Introduction: Ancients, Moderns and Guns, 12 William & Mary Bill of Rights Law Review 307 (2004)
Clarence Thomas and the Perils of Amateur History, Rehnquist Justice: Understanding the Court Dynamic 70 (2003)
Social Democracy and Constitutional Theory: An Institutional Perspective, 69 Fordham Law Review 1969 (2001)
Thick and Thin: Interdisciplinary Conversations on Populism, Law, Political Science, and Constitutional Change, 90 Georgetown Law Journal 233 (2001)
Naked Land Transfers and American Constitutional Development, 53 Vanderbilt Law Review 73 (2000)
The constitutional prohibition on naked land transfers, laws granting to B property that belonged to...
Law and Sports Officiating: A Misunderstood and Justly Neglected Relationship, 16 Constitutional Commentary 293 (1999)
Desperately Ducking Slavery: Dred Scott and Contemporary Constitutional Theory, 14 Constitutional Commentary 271 (1997)
Conflicting Representations: Lani Guinier and James Madison on Electoral Systems, 13 Constitutional Commentary 291 (1996)
Old Wine in New Bottles: The Constitutional Status of Unconstitutional Speech, 48 Vanderbilt Law Review 349 (1995)
This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common...
The Passive-Aggressive Virtues: Cohen v. Virginia and the Problematic Establishment of Judicial Power, 12 Constitutional Commentary 67 (1995)
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", 10 Constitutional Commentary 87 (1993)
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...