The role that precedent plays in constitutional decision making is a perennially divisive
subject among scholars of law and American politics. The debate rages over both empirical …

Over three decades after its initial publication, Louis Fisher's durable classic remains at the
head of its class—a book that Congressional Quarterly called “as close to being …

The liberal legal ideal of protection of the individual against administrative detention without
trial is embodied in the habeas corpus tradition. However, the use of detention to control …

The preferred moral foundations of the abortion right created in Roe v. Wade1 and its
progeny continue to shift, from marital and medical privacy, 2 to women's equality, 3 to …

In recent years," dialogue" has become an increasingly ubiquitous metaphor within
constitutional theory. It is most commonly used to describe the nature of interactions …

How do Supreme Court justices decide their cases? Do they follow their policy preferences?
Or are they constrained by the law and by other political actors? The Constrained Court …

Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United
Kingdom and Australia are an experiment in a new third way of organizing basic institutional …

The Supreme Court has stated that standing" is built on a single basic idea-the idea of
separation of powers." 1 But, of course, there is no single" idea" of separation of powers, and …

We take notice that Since early in the 19th Century there have been marked differences
between the United States Congress and other parliamentary bodies. One is the greater …

Supreme Court Justices care more about the views of academics, journalists, and other
elites than they do about public opinion. This is true of nearly all Justices and is especially …