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Constitutional Law

Faculty Scholarship

Series

2010

Supreme Court

Articles 1 - 4 of 4

Full-Text Articles in Law

Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell Jan 2010

Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


A Coase Theorem For Constitutional Theory, Neil S. Siegel Jan 2010

A Coase Theorem For Constitutional Theory, Neil S. Siegel

Faculty Scholarship

There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …


On The Constitutionality Of Health Care Reform, Barak D. Richman Jan 2010

On The Constitutionality Of Health Care Reform, Barak D. Richman

Faculty Scholarship

This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.


On Not Being “Not An Originalist”, H. Jefferson Powell Jan 2010

On Not Being “Not An Originalist”, H. Jefferson Powell

Faculty Scholarship

No abstract provided.