Constitutional Law

Empty Chairs

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Vol. 104 No. 3 (2020-21) | Judges on the March

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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Vol. 104 No. 3 (2020-21) | Judges on the March

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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Vol. 104 No. 2 (2020) | Coping with COVID

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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Vol. 104 No. 1 (2020) | A Clearer View

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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Vol. 104 No. 1 (2020) | A Clearer View

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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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

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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Justice Kennedy speaking at 2019 Bolch Prize ceremony

Advancing the Rule of Law

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

Excerpts from the 2019 Bolch Prize for the Rule of Law ceremony On April 11, 2019, the Bolch Judicial Institute presented its inaugural Bolch Prize for the Rule of Law […]

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51 Imperfect Solutions illustration

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

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Vol. 103 No. 1 (2019) | Navigating Rough Seas

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to […]

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A Blinding, An Awakening, and a Journey Through Civil Rights History

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him […]

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The Emergence of the American Constitutional Law Tradition

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Vol. 103 No. 1 (2019) | Navigating Rough Seas

My title is “The Emergence of the American Constitutional Law Tradition,” and what I want us to think about today is the process by which American constitutional law came to […]

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