Add to ORKGA world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy\u27s depiction of Robert Bork\u27s America!\u27 as a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens\u27 doors in midnight raids. Bork\u27s sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders banked a good deal upon the good sense ofthe people and their elected representatives to sort out the meaning...
A treatment of recent criticism of judicial review concentrating on its theoretical consistency, sc...
On October 23, 1987, the United States Senate committed what many considered then-and what many stil...
For the first 150 years of the existence of the judicial power, it was liberals who advocated for th...
In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to t...
In 1988, Mark Tushnet noted the revival of grand theory in constitutional law. Tushnet was somewha...
Mark Tushnet has written a great critique of constitutional judicial review. With his sure grasp of ...
In the last decade, it has become increasingly trendy to question whether the Supreme Court and cons...
Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term c...
In this Book Review, Professor Fleming examines Professor Tushnet\u27s arguments against judicial su...
The power of judicial review of federal statutes in American constitutional history has the mystique...
The basic question for this conference is whether we as a people have entered, or are on the verge o...
In this piece reviewing Mark Tushnet\u27s The New Constitutional Order, David Fontana argues that ...
Professor Mark Tushnet challenges the view that democratic constitutionalism requires courts to domi...
Constitutional review is the activity of measuring action choices of governments against a pre-exist...
Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the...
A treatment of recent criticism of judicial review concentrating on its theoretical consistency, sc...
On October 23, 1987, the United States Senate committed what many considered then-and what many stil...
For the first 150 years of the existence of the judicial power, it was liberals who advocated for th...
In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to t...
In 1988, Mark Tushnet noted the revival of grand theory in constitutional law. Tushnet was somewha...
Mark Tushnet has written a great critique of constitutional judicial review. With his sure grasp of ...
In the last decade, it has become increasingly trendy to question whether the Supreme Court and cons...
Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term c...
In this Book Review, Professor Fleming examines Professor Tushnet\u27s arguments against judicial su...
The power of judicial review of federal statutes in American constitutional history has the mystique...
The basic question for this conference is whether we as a people have entered, or are on the verge o...
In this piece reviewing Mark Tushnet\u27s The New Constitutional Order, David Fontana argues that ...
Professor Mark Tushnet challenges the view that democratic constitutionalism requires courts to domi...
Constitutional review is the activity of measuring action choices of governments against a pre-exist...
Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the...
A treatment of recent criticism of judicial review concentrating on its theoretical consistency, sc...
On October 23, 1987, the United States Senate committed what many considered then-and what many stil...
For the first 150 years of the existence of the judicial power, it was liberals who advocated for th...