Constitutional Law

Book Review: Madison’s Music

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Autumn 2016 | Volume 100 Number 3

In Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, […]

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The Future of the U.S. Presidency

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Spring 2021 | Volume 105 Number 1

What will be the legacy of the Trump presidency? Was this administration uniquely tumultuous because of Donald Trump’s personality and beliefs? Or are there other external forces or circumstances at […]

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Why We Read the Scalia Opinion First

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Spring 2017 | Volume 101 Number 1

Writing about Justice Antonin Scalia’s writing is a daunting project indeed. The Justice plainly had a gift that is perhaps better savored than analyzed. As one privileged to be his […]

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Foundations of U.S. Federalism

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Spring 2017 | Volume 101 Number 1

What precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]

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Empty Chairs

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Fall/Winter 2020–21 | Volume 104 Number 3

The sudden deaths of United States Supreme Court Associate Justice Ruth Bader Ginsburg and Associate Justice Antonin Scalia ignited political firestorms regarding the appropriate timeline for confirming a new justice […]

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Reforming the Presidency: How Far is Far Enough?

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Fall/Winter 2020–21 | Volume 104 Number 3

Donald Trump will soon leave the White House. And when he does, Bob Bauer and Jack Goldsmith tell us, reform is in order. Trump’s attacks on institutions and political opponents, […]

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My Own Liberator: A Conversation with Dikgang Moseneke

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Summer 2020 | Volume 104 Number 2

During a lunch-hour event with students at Duke Law School in February, David F. Levi, director of the Bolch Judicial Institute, interviewed former Deputy Chief Justice Dikgang Moseneke of the […]

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Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

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Spring 2020 | Volume 104 Number 1

The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to […]

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Getting Hotter: Climate Change in the Courts

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Spring 2020 | Volume 104 Number 1

POINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become […]

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Stevens, J., Dissenting: The Legacy of Heller

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Fall 2019 | Volume 103 Number 3

Second Amendment scholars discuss the late Justice John Paul Stevens’s contributions to one of the nation’s thorniest debates During his 34 years on the Supreme Court, Justice John Paul Stevens […]

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