Search
Now showing items 11-20 of 36
Before the Next Attack
(The Academy of Political Science, 2007)
The Inevitable Globalization of Constitutional Law
(Virginia Journal of International Law Association, 2009)
This Essay examines the forces pushing the presently varying forms of domestic constitutional law toward each other, and the sources of and forms of resistance to that globalization (or convergence, or harmonization). After ...
A Political Perspective on the Theory of the Unitary Executive
(University of Pennsylvania Law School, 2009)
This Essay offers a brief and highly speculative political, intellectual, and legal history of the theory of the unitary executive in the late twentieth century. I suggest that that theory developed in three stages, which ...
Transnational/Domestic Constitutional Law
(Loyola Law School, 2003)
Globalization and Federalism in a Post-Printz World
(TU Law Digital Commons, 2000)
Constitutional Hardball
(2004)
This Essay develops the idea that there is a practice called constitutional hardball. The practice has three characteristics: it involves arguments and behavior by political actors (including judges, although their role ...
Alarmism Versus Moderation in Responding to the Rehnquist Court
(Indiana University School of Law, 2003)
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
The Redundant Free Exercise?
(2002)
Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies
(Duke University School of Law, 2001)
Constitution-Talk and Justice-Talk
(Fordham Law Review, 2001)