On Competence, Legitimacy, and Proportionality
I asked Justice Aharon Barak, then president of the Israeli Supreme Court, why he considered himself competent to decide where… Continue reading →
I asked Justice Aharon Barak, then president of the Israeli Supreme Court, why he considered himself competent to decide where… Continue reading →
Spend a day in a busy bankruptcy court and your research agenda could be set for life. Bankruptcy is crisis… Continue reading →
In Excluding Religion: A Reply, Professor Tebbe defends his argument that as a matter of constitutional law, "governments ought to… Continue reading →
The Supreme Court decided in Padilla v. Kentucky that noncitizens in criminal proceedings have a Sixth Amendment right to advice… Continue reading →
Professor Garrett’s article on the constitutional standing of corporations employs the heuristic of “effective” litigation to unpack the lack of… Continue reading →
Section 2 of the Voting Rights Act is a doctrinal mess. Through a totality of circumstances inquiry, Section 2 has… Continue reading →
Administrative constitutionalism has been defined as “regulatory agencies’ interpretation and implementation of constitutional law,” and has come to represent a… Continue reading →
In Volume 160 of the University of Pennsylvania Law Review, I present an interpretive reconstruction of the Voting Rights Act's… Continue reading →
The social sciences have developed dramatically over the last century in both breadth and sophistication. These disciplines offer systematic data… Continue reading →