Submissions from 1999
The Oxymoron Reconsidered: Myth and Reality in the Origins of Substantive Due Process, James W. Ely Jr.
Shocking the Conscience: Pragmatism, Moral Reasoning, and the Judiciary. Book Review of the Problematics of Moral and Legal Theory. by Richard A. Posner, Daniel A. Farber
The Trouble with Tarble's: An Excerpt from an Alternative Casebook, Daniel A. Farber
Would You, Could You, Change a Thing?, Barry Friedman
Civil Liberties During War: History's Institutional Lessons. Book Review Of: All the Laws but One: Civil Liberties in Wartime. by William H. Rehnquist, Margaret A. Garvin
Book Review: Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson. by William H. Rehnquist, Michael J. Gerhardt
Hey, Christians, Leave Your Kids Alone! a Review Essay Of: Religious Schools V. Children's Rights. by James G. Dwyer, Stephen G. Gilles
Law and Sports Officiating: A Misunderstood and Justly Neglected Relationship, Mark A. Graber
Farewell Madison Avenue, Marci A. Hamilton
The Akhil Reed Amar Bill of Rights. Review Essay of : The Bill of Rights: Creation and Reconstruction. by Akhil Reed Amar, Edward A. Hartnett
The Second Amendment in Historical Context, Don Higginbotham
The School Prayer Decisions, William P. Marshall
Justice Without Justices, John O. McGinnis
What If ... Buckley Were Overturned?, Alan B. Morrison
Pickup Basketball, Peter L. Olson
Did Sir Edward Coke Mean What He Said?, John V. Orth
Nonjudicial Constitutional Interpretation, Authoritative Settlement, and a New Agenda for Research, Bruce G. Peabody
So Help Me God: Religion and Presidential Oath-Taking, James E. Pfander
The Myth of Superiority, William B. Rubenstein
If the States Had Been Sovereign, Edward L. Rubin
Must Joe Robinson Die?: Reflections on the 'Success' of Court Packing, Robert A. Schapiro
5 U.S. (1 Cranch) 137, 175, Eric J. Segall
To Keep and Bear Arms in the Early Republic, Robert E. Shalhope
Plus Ìàa Change ... or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry
The Trial of Charles 1: A Sesquitricentennial Reflection, Louis J. Sirico Jr.
Commas, Constitutional Grammar, and the Straight-Face Test: What If Conan the Grammarian Were a Strict Textualist?, Peter Jeremy Smith
The Remand that Made the Court Expand, Maxwell L. Stearns
The Future of an Illusion: Reconstituting Planned Parenthood V. Casey, Nadine Strossen and Ronald K. L. Collins
Two Phone Calls, Cass R. Sunstein
Book Review: Cardozo. by Andrew L. Kaufman, Lynn D. Wardle
Submissions from 1998
Impeachment and Accountability: The Case of the First Lady, Michael J. Broyde and Robert A. Schapiro
A Very New Lawyer's First Case: Brown V. Board of Education., John J. Cound
Book Review: Separating Powers: Essays on the Founding Period. by Gerhard Casper., Robert J. Delahunty
The First Amendment Freedoms, Civil Peace and the Quest for Truth, Murray Dry
If at First You Don't Succeed, Ignore the Question Next Time? Group Harm in Brown V. Board of Education and Loving V. Virginia, John Hart Ely
Book Review: Free Speech in Its Forgotten Years. by David M. Rabban, Daniel A. Farber
Book Review: The Constitution in Congress: The Federalist Period, 1789-1801. by David P. Currie, John Harrison
A "Uniform and Entire" Constitution; Or, What If Madison Had Won?, Edward A. Hartnett
Coeur D’Alene, Federal Courts and the Supremacy of Federal Law: The Competing Paradigms of Chief Justices Marshall and Rehnquist, Vicki C. Jackson
Commandeering, the Tenth Amendment, and the Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen and Jonathan L. Entin
Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, Samuel J. Levine
The Ten Commandments in Alabama, Steven Lubet
The Most-Cited Federalist Papers, Ira C. Lupu
Another Chat with the Lady in the Grocery Line: Clinton V. Jones, John B. Mitchell
Where, but for the Grace of God, Goes He? The Search for Empathy in the Criminal Jurisprudence of Clarence Thomas, Eric L. Muller
Ackermania or Uncomfortable Truths?: Review Essay Of: We the People: Transformations. by Bruce Akerman, L. A. Scot Powe
Unoriginalism's Law Without Meaning. Review Essay Of: Original Meanings: Politics and Ideas in the Making of the Constitution. by Jack N. Rakove, Saikrishna B. Prakash
The Chemical Weapons Convention: Political and Constitutional Issues., Ronald D. Rotunda
A Century Lost: The End of the Originalism Debate, Eric J. Segall
Ducking Dred Scott: A Response to Alexander and Schauer., Emily Sherwin
Is a Coherent Theory of Religious Freedom Possible?, Steven D. Smith
Diversity and Meritocracy in Legal Education: A Critical Evaluation of Linda F. Wightman's "The Threat to Diversity in Legal Education"., Stephan Thernstrom
Through a Different Lens: A Reply to Stephan Thernstrom., Linda F. Wightman
The New Sovereignty and the Old Constitution: The Chemical Weapons Convention and the Appointments Clause., John C. Yoo
Submissions from 1997
Discrimination by Proxy., Larry Alexander and Kevin Cole
Democracy as Meaningful Conversation., Robert W. Bennett
The World War Ii German Saboteurs' Case and Writs of Certiorari Before Judgment by the Court of Appeals: A Tale of Nunc Pro Tunc Jurisdiction., Boris I. Bittker
Campaign Finance, the Parties and the Court: A Comment on Colorado Republican Federal Campaign Committee V. Federal Elections Commission., Richard Briffault
The Concept of Corruption in Campaign Finance Law., Thomas F. Burke
Book Review: American Constitutionalism: from Theory to Politics. by Stephen M. Griffin., Daniel O. Conkle
Review Essay: Interpretation and Philosophy: Dworkin's Constitution., Edward B. Foley
Types., Charles Fried
Musings on a Constitutional Mystery: Missing Presidents and "Headless Monsters"?, Scott E. Gant and Bruce G. Peabody
Desperately Ducking Slavery: Dred Scott and Contemporary Constitutional Theory., Mark A. Graber
Legal Liberalism at Yale: A Review Essay of the Strange Career of Legal Liberalism. by Laura Kalman., Stephen M. Griffin
The Legislative Veto in Times of Political Reversal: Chadha and the 104th Congress., Michael Herz
Book Review: Religion in Public Life: A Dilemma for Democracy. Ronald F. Thiemann., Scott C. Idleman
Book Review: Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom. by Steven D. Smith., Steffen N. Johnson
The Supreme Court's Approach to the First Amendment in Cyberspace: Free Speech as Technology's Hand-Maiden., Mark S. Kende
Book Review: Justice in Immigration. Edited by Warren F. Schwartz., Hiroshi Motomura
The Global Dimension of RFRA., Gerald L. Neuman
Taking from a and Giving to B: Substantive Due Process and the Case of the Shifting Paradigm., John V. Orth
Counting Heads on RFRA., Michael Stokes Paulsen
Book Review: to Secure These Rights: The Declaration of Independence and Constitutional Interpretation. by Scott Douglas Gerber., Stephen B. Presser
Book Review: The Federal Impeachment Process: A Constitutional and Historical Analysis. by Michael J. Gerhardt., Frederick Schauer
RFRA-Vote Gambling: Why Paulsen Is Wrong, as Usual., Suzanna Sherry
A Colloquy with Jack Greenberg About Brown: Experiences and Reflections., Richard Sobel
Book Review: Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. by Jesse H. Choper., J. Matthew Szymanski and Stephen M. Clarke
Book Review: Explicit & Authentic Acts. by David Kyvig., John Vile
Cousin Humphrey, Ruth Wedgwood
Review Essay: Who's Afraid of Henry Hart?, Michael Wells
Book Review: Learned Hand: The Man and the Judge. by Gerald Gunther., John Wertheimer
Book Review: The Constitution and Criminal Procedure: First Principles. by Akhil Reed Amar., Ronald F. Wright
Submissions from 1996
Jurisprudence Without Moral Consensus: Constitutional Arguments in IDD for Driving on the Right or Left Side of the Road., Nathan A. Adams IV
Are Smith and Hialeah Reconcilable?, Larry Alexander
Banning Hate Speech and the Sticks and Stones Defense., Larry Alexander
Constitutional Wish Granting and the Property Rights Genie., Alan E. Brownstein
Albion Tourgì©E: Remembering Plessy's Lawyer on the 100th Anniversary of Plessy V. Ferguson., Michael Kent Curtis
The Attorney General's First Separation of Powers Opinion., Walter Dellinger and H. Jefferson Powell
Book Review: Executive Privilege: The Dilemma of Secrecy and Democratic Accountability. by Mark J. Rozell., Viet D. Dinh
The Pariah Principle., Daniel A. Farber and Suzanna Sherry
Conflicting Representations: Lani Guinier and James Madison on Electoral Systems., Mark A. Graber
Equality, Race Discrimination, and the Fourteenth Amendment., John Harrison
The Political Implications of Amending Clauses., Sanford Levinson
Anecdotage., Leonard W. Levy
Originalism and the Desegregation Decisions-A Response to Professor Mcconnell., Earl M. Maltz
Segregation and the Original Understanding: A Reply to Professor Maltz., Michael W. McConnell