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Full-Text Articles in Law

The Democracy-Forcing Constitution, Neal Devins May 1999

The Democracy-Forcing Constitution, Neal Devins

Michigan Law Review

During my freshman year in college, I was told not to judge a book by its cover. The book in question - Lolita; the cover suggested something quite salacious. My professor explained that a soldier, who had purchased Lolita to work out some of the kinks of military life, found himself tossing the book out, proclaiming in disgust "Literature!" Well, I cannot claim precisely the same reaction to Cass Sunstein's One Case at a Time (my expectations were lower than the soldier's). Nevertheless, for those expecting a lefty defense of judicial restraint, One Case at a Time is not your …


Transcript For Introduction: The Constitutional Importance Of The District Of Columbia, Jamin B. Raskin Feb 1999

Transcript For Introduction: The Constitutional Importance Of The District Of Columbia, Jamin B. Raskin

American University Law Review

No abstract provided.


The Government Of The Living-The Legacy Of The Dead, Jon C. Blue Jan 1999

The Government Of The Living-The Legacy Of The Dead, Jon C. Blue

University of Richmond Law Review

Akhil Amar has written a stunning book about what he calls "the high temple of our constitutional order"-the Bill of Rights. The temple metaphor is revealing, for it is evident throughout his book that Professor Amar views the Constitution as a sanctified structure, the use of which is to be determined by a holistic study of the original blueprints and the surviving comments of the long-dead architects. This characterization is complicated but not fundamentally changed by the fact that Amar's story is, as the subtitle of the book proclaims, one of "creation and reconstruction." The creation is that of the …