For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on fundamental questions of justice and the good society. Theorists have ...

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that ...

In 1987, the last time the Senate voted to reject a president’s pick for the Supreme Court, a constitutional theory seemingly went down with the nominee. Robert Bork, Ronald Reagan’s ill-fated choice, ...

The Hollow Core of Constitutional Theory: Why We Need the Framers, by Donald L. Drakeman (Cambridge University Press, 248 pp., $32) Donald L. Drakeman’s 2020 book, The Hollow Core of Constitutional ...

Part II of The Collective-Action Constitution develops a collective-action theory of the Constitution's federal structure and identifies limits of this theory. Chapter Three examines the states' ...

Since then, liberals have engaged in a constitutional strategy of getting to five justices – tailoring their arguments to the court’s “swing” justice – whether it was Potter Stewart, Lewis Powell Jr., ...

Professor Bradley Rebeiro has an interesting new paper on the constitutional thought of Frederick Douglass, "Frederick Douglass and the Original Originalists." The article is forthcoming in the BYU ...

Law professor Jessie Hill’s article, “(Dis)Owning Religious Speech” recently was published in the George Mason Law Review. In addition, she presented a paper titled “Resistance to Constitutional ...