Constitutional Commentary was founded in 1984 and is one of the few faculty-edited law journals in the country. It enjoys a wide following among legal scholars, historians, political scientists and others interested in constitutional law and history. Part of its popularity is due to the editors’ preference for “shorter and less ponderous articles” as opposed to the more lengthy and heavily footnoted articles found in traditional law reviews.

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Submissions from 1987

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Two Cheers for Warren Burger, Daniel A. Farber

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Book Review: Takings. by Richard A. Epstein., Edward Foster

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Judicial Review and Modem Judicial Scholarship: A Question of Power., Leslie Friedman Goldstein

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The Scholarly Tradition Revisited: Alexander Bickel, Herbert Wechsler, and the Legitimacy of Judicial Review., William Haltom and Mark Silverstein

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Law, Facts, and Persons: Police Powers, Neutral Principles, and Constitutional Change., H. N. Hirsch

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Book Review: Views from the Bench: The Judiciary and Constitutional Politics. by M. Cannon and D. O’Brien., Alan D. Hornstein

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Scrapping Strict Review in Free Exercise Cases., Robert D. Kamenshine

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The Illegality of the Constitution., Richard S. Kay

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Book Review: Politics, Democracy, and the Supreme Court: Essays on the Frontier of Constitutional Theory. by Arthur S. Miller; God, Country & the Supreme Court. by James K. Fitzpatrick., Scott G. Knudson

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Book Review: Hard Choices: How Women Decide About Work, Career, and Motherhood. by Kathleen Gerson., Mirra Komarovsky

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Reappraising Brandeis: Comments on Recent Works., Samuel Krislov

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Book Review: Judicial Conflict and Consensus-Behavioral Studies of American Appellate Courts. Edited by Sheldon Goldman and Charles M. Lamb., Thomas P. Lewis

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Book Review: The Constitution in the Supreme Court: The First Hundred Years, 1789-1888. by David P. Currie., Charles A. Lofgren

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Judicial Review: The Politics of Scholarship., Priscilla H. Machado and Wallace Mendelson

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Book Review: The Tolerant Society: Freedom of Speech and Extremist Speech in America. by Lee C. Bollinger., James Magee

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The Failure of Attacks on Constitutional Originalism., Earl M. Maltz

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Book Review: Decision in Philadelphia: The Constitutional Convention of 1787. Christopher Collier and James Lincoln Collier; the First Amendment: The Legacy of George Mason. Edited by T. Daniel Shumate., Bruce H. Mann

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Federal Courts at the Crossroads., Roger J. Miner

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Book Review: American Constitutional Interpretation. by Walter F. Murphy, James E. Fleming, and William F. Harris, Ii., Fred L. Morrison

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Rationalism in Constitutional Law., Robert F. Nagel

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Book Review: The Unpublished Opinions of the Warren Court. by Bernard Schwartz; Swann's Way: The School Busing Case and the Supreme Court. by Bernard Schwartz., David M. O'Brien

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Book Review: Why Era Failed: Politics, Women's Rights, and the Amending Process of the Constitution. by Mary Francis Berry; Rights of Passage: The Past and Future of the Era. Edited by Joan Hoff-Wilson; Why We Lost the Era. by Jane J. Mansbridge., William L. O'Neill

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Book Review: Zechariah Chafee, Jr.: Defender of Liberty and Law. by Donald L. Smith., Michael E. Parrish

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Book Review: Sexual Desire: A Moral Philosophy of the Erotic. by Roger Scruton; Morality, Sex, and the Constitution: A Christian Perspective on the Power of Government to Regulate Private Sexual Conduct Between Consenting Adults. by G. Sidney Buchanan; Are Gay Rights Right? by Roger J. Magnuson., David A.J. Richards

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Book Review: The Documentary History of the Supreme Court of the United States, 1789-1800, Vol. I, Parts 1 and 2. Edited by Maeva Marcus and James R. Perry., John P. Roche

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Book Review: Contemporary Debates on Civil Liberties: Enduring Constitutional Questions. by Glenn A. Phelps and Robert A. Poirier., Ralph A. Rossum

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Book Review: Treatise on Constitutional Law: Substance and Procedure. by Ronald D. Rotunda, John E. Nowak, and J. Nelson Young., Ralph A. Rossum

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Book Review: Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process. by Samuel Estreicher and John Sexton., Thomas D. Rowe Jr.

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Book Review: A Lesser Life: The Myth of Women's Liberation in America. by Sylvia Ann Hewlett., Florence A. Ruderman

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Book Review: Suing the Press. by Rodney A. Smolla., Mark Silverstein

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Book Review: The First Liberty: Religion and the American Republic. by William Lee Miller; Religion in American Public Life. by A. James Reichley., Rodney A. Smolla

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Book Review: Supreme Court Practice. by Robert L. Stern, Eugene Gressman, and Stephen M. Shapiro., Barry Sullivan

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Book Review: Protecting the Best Men: An Interpretive History of the Law of Libel. by Norman L. Rosenberg., Dwight L. Teeter Jr.

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Through a Glass, Darkly, Thomas A. Woxland

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Book Review: The Supreme Court and the American Family. by Eva R. Rubin., Judith T. Younger

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Completing the Constitution: The Thirteenth Amendment., Michael P. Zuckert

Submissions from 1986

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What We Don't Know About Sex Differences, Joseph Adelson

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Book Review: Press Law in Modern Democracies: A Comparative Study. Edited by Pnina Lahav., David A. Anderson

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Just You Wait, Harry Blackmun, William Blodgett

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Book Review: Choosing Elites: Selecting the "Best and the Brightest" at Top Universities and Elsewhere. by Robert Klitgaard., Thomas J. Bouchard Jr.

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Book Review: Offense to Others. by Joel Feinberg., Stanley C. Brubaker

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Politics, the Constitution, and the New Formalism., David P. Bryden

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The Devil's Casebook, David P. Bryden

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Book Review: The Origins of the Civil Rights Movement: Black Communities Organizing for Change. by Aldon D. Morris., Clayborne Carson

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Book Review: Due Process in the Administrative State. by Jerry L. Mashaw., Ronald A. Cass

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Book Review: The British Board of Film Censors: Film Censorship in Britain, 1896-1950. by James C. Robertson., Anthony Chase

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Is There "Life" (Or "Choice") After Roe?, Ronald K.L. Collins

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Book Review: Constitutional Opinions: Aspects of the Bill of Rights. by Leonard W. Levy., Donald O. Dewey

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On the "Usefulness" of Suspect Classifications., James W. Ellis

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Book Review: Liberalism and American Constitutional Law. by Rogers M. Smith., Kirk Emmert

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Book Review: The Supreme Court and Constitutional Democracy. by John Agresto., David E. Engdahl

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Book Review: Canarsie: The Jews and Italians of Brooklyn Against Liberalism. by Jonathan Rieder., Edward J. Erler

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An Economic Analysis of Abortion, Daniel A. Farber

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Book Review: Ideals, Beliefs, Attitudes and the Law: Private Law Perspectives on a Public Law Problem. by Guido Calabresi., Daniel A. Farber

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Gresham's Law of Legal Scholarship, Daniel A. Farber

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State Regulation and the Dormant Commerce Clause., Daniel A. Farber

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The Third Death of Federalism?, Daniel A. Farber and David P. Bryden

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Book Review: Common Ground: A Turbulent Decade in the Lives of Three American Families. by J. Anthony Lukas., Miriam K. Feldman

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Book Review: Handbook of Legislative Research. Edited by Gerhard Loewenberg, Samuel C. Patterson, and Malcolm E. Jewell., Philip P. Frickey

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Book Review: The Willowbrook Wars. by David J. Rothman and Sheila M. Rothman., Philip P. Frickey and David I. Levine

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Book Review: That Every Man Be Armed, the Evolution of a Constitutional Right. by Stephen P. Halbrook., F. Smith Fussner

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Black Civil Rights During the Eisenhower Years., David J. Garrow

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Book Review: Nazis in Skokie: Freedom, Community, and the First Amendment. by Donald Alexander Downs., John H. Garvey

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Book Review: Vigilante: The Backlash Against Crime in America. by William Tucker., Steven H. Goldberg

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Book Review: Constitutional Inequality: The Political Fortunes of the Equal Rights Amendment. by Gilbert Y. Steiner., Leslie Friedman Goldstein

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Book Review: A Theory of Rights: Persons Under Laws, Institutions, and Morals. by Carl Wellman., Ernest van den Haag

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Book Review: Justices and Presidents: A Political History of Appointments to the Supreme Court. by Henry Abraham., Kermit L. Hall

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Book Review: The Federal Courts: Crisis and Reform. by Richard A. Posner., Maurice J. Holland

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Book Review: Sexism, Racism and Oppression. by Arthur Brittan and Mary Maynard., Allan C. Hutchinson

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Book Review: Red Scare! by Don E. Carleton., Harold M. Hyman

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Fancy Dancing in the Marble Palace., Peter Irons

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Book Review: Freedom of Expression in Japan: A Study in Comparative Law, Politics, and Society. by Lawrence Ward Beer., Samuel Krislov

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Celebrating Secrecy., Judith A. Lachman

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Book Review: Life in the Balance: Exploring the Abortion Controversy. by Robert N. Wennberg., Michael Levin

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Book Review: Contemporary Constitutional Lawmaking: The Supreme Court and the Art of Politics. by Lief H. Carter., Gregory Leyh

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Book Review: Edward S. Corwin and the American Constitution: A Bibliographical Analysis. by Kenneth D. Crews; the President, Office and Powers 1787-1984: History and Analysis of Theory and Practice. by Edward S. Corwin; Constitutional Conflicts Between Congress and the President. by Louis Fisher., Charles A. Lofgren

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Book Review: Religion, State and the Burger Court. by Leo Pfeffer., Ernest B. Lowrie

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Federal Law in State Supreme Courts., Daniel J. Meador

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Book Review: Freedom of Expression: A Critical Analysis. by Martin H. Redish; Nimmer on Freedom of Speech: A Treatise on the Theory of the First Amendment. by Melville B. Nimmer., Deborah Jones Merritt

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Book Review: Cases Lost, Causes Won: The Supreme Court and the Judicial Process. by Alice Fleetwood Bartee; the Law and Politics of Civil Rights and Liberties. by Richard Morgan; Freedom of Speech in the United States. by Thomas L. Tedford., John Moeller

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Book Review: God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History. by Laurence H. Tribe., Richard E. Morgan

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Book Review: Conservatives in Court. by Lee Epstein., Alan B. Morrison

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Book Review: History of the Supreme Court of the United States, Volume Ix: The Judiciary and Responsible Government 1910-1921. by Alexander M. Bickel and Benno C. Schmidt, Jr., Paul L. Murphy

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The Legislative Veto, the Constitution, and the Courts., Robert F. Nagel

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Book Review: Social Research in the Judicial Process: Cases, Readings, and Text. by Wallace D. Loh., Robert L. Nelson

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Book Review: When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community. by James Boyd White., James M. O'Fallon

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Book Review: The Politics of the American Civil Liberties Union. by William A. Donohue., William L. O'Neill

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Economic Make-Believe in the Supreme Court., L.A. Jr. Powe

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Book Review: Democratic Theories and the Constitution. by Martin Edelman., Mark S. Pulliam

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Book Review: Constitutional Choices. by Laurence H. Tribe., Jeremy Rabkin

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Book Review: The Goldmark Case: An American Libel Trial. by William L. Dwyer., Carol T. Rieger

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Book Review: Constitutional Reform and Effective Government. by James L. Sundquist., Frank J. Sorauf

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Caught in a Political Thicket: The Supreme Court and Campaign Finance., Frank J. Sorauf

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Book Review: Out of Order: Affirmative Action and the Crisis of Doctrinaire Liberalism. by Nicholas Capaldi., Marylee C. Taylor

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Sloppiness in the Supreme Court, O.T. 1935- O.T. 1944., Mark Tushnet

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Book Review: How Does the Constitution Secure Rights? Edited by Robert A. Goldwin and William Schambra., Charles Umbanhowar

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Book Review: Supreme Court Justice Joseph Story: Statesman of the Old Republic. by R. Kent Newmyer., Sandra F. VanBurkleo

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Book Review: The New American Dilemma: Liberal Democracy and School Desegregation. by Jennifer L. Hochschild., Aaron Wildavsky

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Book Review: Distributive Justice: A Social- Psychological Perspective. by Morton Deutsch; Equality in America: The View from the Top. by Sidney Verbat and Gary R. Orren., Catherine Zuckert

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Congressional Power Under the Fourteenth Amendment - the Original Understanding of Section Five., Michael P. Zuckert