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Full-Text Articles in Law
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Publications
The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …