A damaging dichotomy is hindering the nation’s ability to talk intelligently and constructively about the...

In this symposium contribution, I argue that (1) courts infringe on jurors' deliberative autonomy in...

In citizens’ debates about issues of public policy, we frequently encounter what this Article calls...

In this book review, I examine Christian Fritz's "American Sovereigns: The People and America's Constitutional...

Responding to the Court’s recent reworking of its confrontation jurisprudence, I argue that, under the...

Many Americans have long subscribed to what this Article calls the myth of the written...

A growing number of constitutional scholars are urging the nation to rethink its commitment to...

In both civil and criminal cases today, judges routinely withhold relevant evidence from jurors, fearing...

I argue that the Court’s nineteenth-century rulings in Ableman v. Booth and Tarble’s Case marked...

Addressing the dichotomy often drawn between emotions and rationality, I argue that, while emotions sometimes...

For the past fifteen years, the execution of Roger Coleman has served as perhaps the...

After identifying the original rationales for our longstanding tradition of permitting the President and Senate...

In this article, I contend that the nation’s seemingly exclusive claim to citizens’ patriotism significantly...

Nearly half a century ago, in an article spanning a mere nine pages, Charles Tiebout...

Returning to forgotten themes in the Federalist Papers, the article argues that the state and...

In Williams v. Taylor and Ramdass v. Angelone, the United States Supreme Court confronted one...

In Old Chief v. United States, the Supreme Court stated that evidence offered by the...

From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of...