Introduction members of the human species have a poor record of living together in peace
and an even worse record of treating one another fairly. Religious differences have often …

[T] he law cannot hope to sustain [its] compound burden of stability, flexibility, and
transparency unless it pays scrupulous attention to its own taxonomy....[T] he understanding …

Fifteen years ago, Justice William Brennan wrote an article in which he called upon state
courts to" step into the breach" left by what Brennan perceived to be the US Supreme Court's …

A mong the most important functions of the Supreme Court are to craft and apply
constitutional doctrine'-a term that I use to embrace not only the holdings of cases, but also …

Most of us regard the Constitution as the foundation of American democracy. How, then, are
we to understand the restrictions that it imposes on legislatures and voters? Why, for …

Many state courts rely on federal standards of review in their state constitutional
decisionmaking without considering whether the institutional concerns that justify the federal …

When a government in a democracy acts in our name, are we, as citizens, responsible for
those acts? What if the government commits a moral crime? The protestor's slogan--" Not in …

The Supreme Court's opinion in Miranda v. Arizona'does not even look like an ordinary
opinion. As many critics have commented, it reads more like a legislative committee report …

One of the most important recent developments in American legal theory is the burgeoning
interest in" popular constitutionalism." One of the most important features of the American …

We do not think of local governments, such as towns and cities, as important components of
the federal constitutional structure. The text of the Constitution does not mention local …