This Reply addresses the responses by Professors David Bernstein and Jed Shugerman to our essay Asymmetric Constitutional Hardball. Bernstein\u27s response, we argue, commits the common fallacy of equating reciprocity with symmetry: assuming that because constitutional hardball often takes two to play, both sides must be playing it in a similar manner. Shugerman\u27s response, on the other hand, helps combat the common fallacy of equating aggressiveness with wrongfulness: assuming that because all acts of constitutional hardball strain norms of governance, all are similarly damaging to democracy. We suggest that whereas Bernstein\u27s approach would set back the burgeoning effort to study constitutional hardball, Shugerman\u27s distinctio...
This symposium contribution critically examines Louis Seidman’s book Constitutional Disobedience (...
In the peculiar rhetoric that is rapidly growing ubiquitous, constitutional theorists and anti-theor...
The redistricting season is about to begin in full swing, and with it will come renewed calls for th...
Many have argued that the United States\u27 two major political parties have experienced asymmetric...
The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates a...
Say what you will about sports metaphors in legal writing, but Professor Mark Tushnet’s “constitutio...
For the past several years I have been noticing a phenomenon that seems to me new in my lifetime as ...
The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates a...
Talk of constitutional hardball is in the air. Ever since Brett Kavanaugh’s confirmation to the Supr...
The focus in constitutional theory on judicial review rests on a much deeper political theory than t...
Although it has been observed that approaching an allegedly universalistic theory by asserting the t...
Every time the Supreme Court strikes down a law enacted by Congress or a state legislature the age-o...
Modem constitutional adjudication is often structured as a conflict between individual rights and st...
This article argues that most normative legal scholarship regarding the role of judicial review rest...
As Robert Bennett\u27s article illustrates, the counter-majoritarian difficulty remains--some fort...
This symposium contribution critically examines Louis Seidman’s book Constitutional Disobedience (...
In the peculiar rhetoric that is rapidly growing ubiquitous, constitutional theorists and anti-theor...
The redistricting season is about to begin in full swing, and with it will come renewed calls for th...
Many have argued that the United States\u27 two major political parties have experienced asymmetric...
The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates a...
Say what you will about sports metaphors in legal writing, but Professor Mark Tushnet’s “constitutio...
For the past several years I have been noticing a phenomenon that seems to me new in my lifetime as ...
The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates a...
Talk of constitutional hardball is in the air. Ever since Brett Kavanaugh’s confirmation to the Supr...
The focus in constitutional theory on judicial review rests on a much deeper political theory than t...
Although it has been observed that approaching an allegedly universalistic theory by asserting the t...
Every time the Supreme Court strikes down a law enacted by Congress or a state legislature the age-o...
Modem constitutional adjudication is often structured as a conflict between individual rights and st...
This article argues that most normative legal scholarship regarding the role of judicial review rest...
As Robert Bennett\u27s article illustrates, the counter-majoritarian difficulty remains--some fort...
This symposium contribution critically examines Louis Seidman’s book Constitutional Disobedience (...
In the peculiar rhetoric that is rapidly growing ubiquitous, constitutional theorists and anti-theor...
The redistricting season is about to begin in full swing, and with it will come renewed calls for th...