Why is prediction so difficult? After all, even if we reject the static concept of original intent, constitutional interpretation is law, and law should have some element of constancy, certainty, and predictability. What, then, is the problem? The problem is time. In fact, law, even constitutional law, is generally quite constant, certain, and predictable-if we look at it in relatively short time-bites. But over decades, to say nothing of centuries, law, and especially constitutional law, is unpredictable in the extreme
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
In this speech delivered for the annual James Madison Lecture, the Honorable Diane Wood tackles the ...
“Due process of law” is arguably the most controversial and frequently-litigated phrase in the Ameri...
The Constitution of the United States declares itself supreme law, but even the amended document is ...
Bills of Rights are like New Year\u27s Resolutions. The discipline they impose is self-imposed. It i...
For two hundred years, the Supreme Court has been interpreting the Bill of Rights. Imagine Chief Jus...
The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Righ...
A remarkable effort is afoot to justify American constitutional law at the end of the twentieth cent...
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as ...
We celebrate the two hundredth anniversary of the Constitution this year confident that it will surv...
Scholars hold that there are forty to fifty distinct human rights. History teaches that they should ...
This paper examines several different theories surrounding judicial review and finds many of these t...
A remarkable effort is afoot to justify American constitutional law at the end of the twentieth cent...
Professor Bradley begins the final installment of the University of Illinois Law Review\u27s year-lo...
Every constitution defines and is defined by a period in time. Like all law the creation and applica...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
In this speech delivered for the annual James Madison Lecture, the Honorable Diane Wood tackles the ...
“Due process of law” is arguably the most controversial and frequently-litigated phrase in the Ameri...
The Constitution of the United States declares itself supreme law, but even the amended document is ...
Bills of Rights are like New Year\u27s Resolutions. The discipline they impose is self-imposed. It i...
For two hundred years, the Supreme Court has been interpreting the Bill of Rights. Imagine Chief Jus...
The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Righ...
A remarkable effort is afoot to justify American constitutional law at the end of the twentieth cent...
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as ...
We celebrate the two hundredth anniversary of the Constitution this year confident that it will surv...
Scholars hold that there are forty to fifty distinct human rights. History teaches that they should ...
This paper examines several different theories surrounding judicial review and finds many of these t...
A remarkable effort is afoot to justify American constitutional law at the end of the twentieth cent...
Professor Bradley begins the final installment of the University of Illinois Law Review\u27s year-lo...
Every constitution defines and is defined by a period in time. Like all law the creation and applica...
The goal of originalism has always been purity. Originalists claim that their methods cleanse consti...
In this speech delivered for the annual James Madison Lecture, the Honorable Diane Wood tackles the ...
“Due process of law” is arguably the most controversial and frequently-litigated phrase in the Ameri...