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Testing Minimalism: A Reply
(Michigan Law Review, 2005)
Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to ...
Constitutionalism and Secession
(University of Chicago Press, 1991)
The Soviet Constitution guarantees a right to secede. The American Constitution does not. Although some secessionists in the American South, invoking state sovereignty, claimed to find an implicit right to secede in the ...
Active Choosing or Default Rules? The Policymaker’s Dilemma
(2014)
For policymakers, the idea of active choosing has a great deal of appeal, not least because it avoids the charge of paternalism. In many contexts, however, an insistence on active choosing is a form of paternalism, not an ...
The Promise of Prediction Markets
(American Association for the Advancement of Science, 2008)
The ability of groups of people to make predictions is a potent research tool that should be freed of unnecessary government restrictions.
If People Would Be Outraged By Their Decisions, Should Judges Care?
(Stanford Law School, 2008)
At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic ...
The Real World of Arbitrariness Review
(University of Chicago Press, 2008)
Second Amendment Minimalism: Heller as Griswold
(Harvard University, Harvard Law School, 2008)
The Court's decision in District of Columbia v. Heller might be taken in three different ways. First, it might be seen as a modern version of Marbury v. Madison, speaking neutrally for the text, structure, and original ...
Misery and Company
(New Republic, 2008)
Changing Conceptions of Administration
(2014-10-08)
Administrative Substance
(Duke University School of Law, 1991)