Law Commons^™

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Faculty Scholarship

No abstract provided.

The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.