. . . is now available online. The forward is Federalism All the Way Down by Heather K. Gerken. Comments on Citizens United by Lucian A. Bebchuk and Robert J. Jackson, Jr., Samuel Issacharoff, and Kathleen M. Sullivan.
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November 22, 2010
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Legal Theory Bookworm
Robert L. Tsai: America's Forgotten Constitutions: Defiant Visions of Power and Community
Stuart Chinn: Recalibrating Reform: The Limits of Political Change
Michael E. Bratman: Shared Agency: A Planning Theory of Acting Together
edited by Christopher J. Peters: Precedent in the United States Supreme Court
Daniel R. Ernst: Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940
H. Jefferson Powell: The President as Commander in Chief: An Essay in Constitutional Vision
Download of the Week
- Retributive Justice and the Demands of Democratic Citizenship by Dan Markel
- Interpretive Modesty by Heidi Kitrosser
- The Constitution of Authority by Michael Sevel
- All Assemble: Order and Disorder in Law, Politics, and Culture by Tabatha Abu El-Haj
- The 'Constitution in Exile' as a Problem for Legal Theory by Stephen E. Sachs
- A Psychological Account of Consent to Fine Print by Tess Wilkinson‐Ryan
- Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretation—and the Irreducible Roles of Values and Judgment Within Both by Richard H. Fallon, Jr.
- Group Agency and Legal Proof; or, Why the Jury is an 'It' by Michael S. Pardo
- The Ordinary Meaning of Rules by Brian G. Slocum
- The Constitutional Thought of Alexander Hamilton by Mortimer Newlin Stead Sellers
My Papers
- Originalism and Constitutional Construction
- The Interpretation-Construction Distinction in Patent Law
- How NFIB v. Sebelius Affects the Constitutional Gestalt
- Truth and Uncertainty: Legal Control of the Destruction of Evidence
- Confucian Virtue Jurisprudence
- The Interpretation-Construction Distinction
- What is Originalism? The Evolution of Contemporary Originalist Theory
- Narrative, Normativity, and Causation
- The New Realities of the Legal Academy
- Questioning Cultural Commons
- Incorporation and Originalist Theory
- Originalism and the Natural Born Citizen Clause
- District of Columbia v. Heller and Originalism
- On the Intderminacy Crisis: Critiquing Critical Dogma
- A Reader's Guide to Semantic Originalism and a Reply to Professor Griffin
- Models of Internet Governance
- Freedom of Communicative Action
- Semantic Originalism
- Legal Personhood for Artificial Intelligences
- Constitutional Texting
- Originalism as Transformative Politics
- Judicial Selection, Appointments Gridlock, and the Nuclear Option
- Pluralism and Public Legal Reason
- Constitutional Possibilities
- Natural Justice
- Public Legal Reason
- Download It While Its Hot: Open Access and Legal Scholarship
- Popular? Constitutionalism?
- Blogging and the Transformation of Legal Scholarship
- The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights
- A Tournament of Virtue
- An Economic Analysis of Domain Name Policy
- Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft
- Procedural Justice
- Judicial Selection: Ideology versus Character
- The Future of Copyright
- The Aretaic Turn in Constitutional Theory
- A Law of Rules: A Critique and Reconstruction of Justice Scalia's View of the Rule of Law
- Virtue Jurisprudence: A Virtue-Centered Theory of Judging
- The Layers Principle: Internet Architecture and the Law