1.
The Roberts Court's Assault on Democracy
Harvard Law & Policy Review, Forthcoming
Number of pages: 35
Posted: 06 Mar 2020
Accepted Paper Series
U.S. District Court - Eastern District of WI
Downloads
10,411
2.
Constitutional Curiosities: a Twenty-One Question Scavenger Hunt
Minnesota Legal Studies Research Paper No. 06-45
Number of pages: 8
Posted: 08 Sep 2006
Working Paper Series
Michigan State University - College of Law
Downloads
8,308
3.
Protecting Prenatal Persons: Does the Fourteenth Amendment Prohibit Abortion?
40 Harv. J.L. & Pub. Pol'y 539 (2017)
Number of pages: 33
Posted: 20 May 2017
Last Revised: 30 Mar 2021
Accepted Paper Series
James Wilson Institute for Natural Rights and the American FoundingHarvard University, Law School, Students
Downloads
8,308
4.
Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management
51 Loyola University Chicago Law Journal 309 (2019), Ohio State Public Law Working Paper No. 501
Number of pages: 54
Posted: 03 Sep 2019
Last Revised: 05 Mar 2020
Accepted Paper Series
Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads
7,994
5.
Gödel’s Loophole
Capital University Law Review, vol. 41 (2013), pp. 637-673
Number of pages: 37
Posted: 23 Feb 2012
Last Revised: 18 Dec 2013
Accepted Paper Series
Pontifical Catholic University of Puerto Rico
Downloads
7,952
6.
The Subjects of the Constitution
Stanford Law Review, Vol. 62, No. 5, 2010, Georgetown Public Law Research Paper No. 10-25
Number of pages: 85
Posted: 18 May 2010
Last Revised: 25 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads
6,102
7.
Is Qualified Immunity Unlawful?
106 California Law Review 45, 2018, U of Chicago, Public Law Working Paper No. 610
Number of pages: 46
Posted: 11 Jan 2017
Last Revised: 20 Feb 2018
Accepted Paper Series
University of Chicago - Law School
Downloads
5,997
8.
The Second Amendment as Ordinary Constitutional Law
Tennessee Law Review, Vol. 81, p. 409, 2014, University of Tennessee Legal Studies Research Paper No. 244
Number of pages: 10
Posted: 11 Apr 2014
Last Revised: 11 Jun 2014
Accepted Paper Series
University of Tennessee College of Law
Downloads
5,641
9.
Second Amendment Penumbras: Some Preliminary Observations (Final)
Southern California Law Review, Vol. 85, No. 247, 2012, University of Tennessee Legal Studies Research Paper No. 169
Number of pages: 14
Posted: 11 Feb 2012
Last Revised: 22 Feb 2012
Working Paper Series
University of Tennessee College of Law
Downloads
5,157
10.
Judicial Review and the Indian Courts
Number of pages: 11
Posted: 24 Jan 2012
Working Paper Series
National University of Study and Research in Law (NUSRL), Ranchi
Downloads
4,910
11.
Abortion and Original Meaning
Constitutional Commentary, Vol. 24, No. 101, 2007, Yale Law School, Public Law Working Paper No. 128
Number of pages: 62
Posted: 21 Aug 2006
Last Revised: 14 Apr 2008
Accepted Paper Series
Yale University - Law School
Downloads
4,857
12.
Rethinking Libel for the Twenty-First Century
Tennessee Law Review, Vol. 87, No. 465, 2020, University of Tennessee Legal Studies Research Paper No. 398
Number of pages: 19
Posted: 17 Sep 2020
Last Revised: 21 Sep 2020
Accepted Paper Series
University of Tennessee College of Law
Downloads
4,846
13.
Precedent
Number of pages: 25
Posted: 16 May 2011
Working Paper Series
University of Virginia School of Law
Downloads
4,786
14.
Semantic Originalism
Illinois Public Law Research Paper No. 07-24
Number of pages: 176
Posted: 16 Apr 2008
Last Revised: 25 Nov 2008
Working Paper Series
University of Virginia School of Law
Downloads
4,593
15.
What is the Rule of Recognition (and Does it Exist)?
THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler, Kenneth Himma, eds., Oxford University Press, 2009, Yale Law School, Public Law Working Paper No. 184
Number of pages: 34
Posted: 23 Nov 2008
Last Revised: 03 Feb 2009
Accepted Paper Series
Yale University - Law School
Downloads
4,356
16.
Divine Operating System
Tennessee Law Review, Vol. 78, p. 651, 2011, University of Tennessee Legal Studies Research Paper No. 155
Number of pages: 12
Posted: 12 Jun 2011
Last Revised: 08 Sep 2011
Working Paper Series
University of Tennessee College of Law
Downloads
4,294
17.
The Natural Born Citizen Clause as Originally Understood
Catholic University Law Review, v. 64, no. 2 (2015), Widener Law School Legal Studies Research Paper No. 14-21
Number of pages: 43
Posted: 04 Jun 2014
Last Revised: 20 Jan 2016
Accepted Paper Series
Widener University Delaware Law School
Downloads
4,268
18.
The Ninth Amendment: It Means What it Says
Texas Law Review, Vol. 85, No. 1, 2006, Boston Univ. School of Law Working Paper No. 05-14
Number of pages: 83
Posted: 25 Aug 2005
Accepted Paper Series
Georgetown University Law Center
Downloads
4,108
19.
A Theory of Judicial Power and Judicial Review
Georgetown Law Journal, Vol. 97, p. 723, 2009, San Diego Legal Studies Paper No. 08-013, Washington U. School of Law Working Paper No. 08-10-03
Number of pages: 79
Posted: 24 Mar 2008
Last Revised: 20 Mar 2009
Accepted Paper Series
University of Virginia School of Law
Downloads
3,820
20.
Democracy, Anti-Democracy, and the Canon
Constitutional Commentary, Vol. 17, 2000
Number of pages: 25
Posted: 13 Jul 2000
Last Revised: 18 Oct 2013
Accepted Paper Series
New York University School of Law
Downloads
3,434
21.
Scalia's Infidelity: A Critique of Faint-Hearted Originalism
University of Cincinnati Law Review, Vol. 75, No. 7, 2006, Boston University School of Law Working Paper No. 06-01, Georgetown Public Law Research Paper No. 880112
Number of pages: 19
Posted: 01 Feb 2006
Accepted Paper Series
Georgetown University Law Center
Downloads
3,389
22.
What is Originalism? The Evolution of Contemporary Originalist Theory
Number of pages: 41
Posted: 02 May 2011
Working Paper Series
University of Virginia School of Law
Downloads
3,034
23.
Split Definitive: How Party Polarization Turned the Supreme Court into a Partisan Court
Supreme Court Review vol. 2016
Number of pages: 66
Posted: 03 May 2014
Last Revised: 02 Nov 2017
Accepted Paper Series
William & Mary Law School and Ohio State University (OSU) - Department of Political Science
Downloads
3,003
24.
How to Stop Worrying and Learn to Love the Second Amendment: A Reply to Professor Magarian
Texas Law Review, Vol. 91, p. 89, 2013, University of Tennessee Legal Studies Research Paper No. 213
Number of pages: 14
Posted: 17 May 2013
Last Revised: 17 Jun 2013
Accepted Paper Series
University of Tennessee College of Law and Samford University - Cumberland School of Law
Downloads
2,938
25.
Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts
Vanderbilt Law Review, Vol. 59, p. 793, 2006, UCLA School of Law Research Paper No. 06-14
Number of pages: 80
Posted: 18 Apr 2006
Accepted Paper Series
University of California, Los Angeles (UCLA) - School of Law
Downloads
2,840
26.
The Irrepressible Myth of Jacobson v. Massachusetts
Buffalo Law Review Vol. 70, No. 113 (2021)
Number of pages: 140
Posted: 23 Sep 2021
Last Revised: 22 Feb 2022
Accepted Paper Series
South Texas College of Law Houston
Downloads
2,760
27.
Soft Law
Stanford Law Review, Forthcoming, U of Chicago, Public Law and Legal Theory Working Paper No. 213
Number of pages: 51
Posted: 29 Mar 2008
Accepted Paper Series
Harvard UniversityHarvard Law School and University of Chicago - Law School
Downloads
2,737
28.
A Skeptical View of Information Fiduciaries
Harvard Law Review, Vol. 133, pp. 497-541, 2019
Number of pages: 45
Posted: 24 Mar 2019
Last Revised: 10 Dec 2019
Accepted Paper Series
Columbia University - Law School and Columbia University - Law School
Downloads
2,564
29.
The Foreign Emoluments Clause and the Chief Executive
102 Minn. L. Rev. 639 (2017), U Iowa Legal Studies Research Paper No. 2017-15
Number of pages: 55
Posted: 20 Jan 2017
Last Revised: 21 Dec 2017
Accepted Paper Series
University of Iowa - College of Law
Downloads
2,558
30.
Foreword: The Degradation of American Democracy—and the Court
Number of pages: 262
Posted: 31 Aug 2020
Last Revised: 23 Oct 2020
Working Paper Series
Harvard University
Downloads
2,467
31.
Roe Rage: Democratic Constitutionalism and Backlash
Harvard Civil Rights-Civil Liberties Law Review, 2007, Yale Law School, Public Law Working Paper No. 131
Number of pages: 67
Posted: 04 Jun 2007
Accepted Paper Series
Yale Law School and Yale University - Law School
Downloads
2,351
32.
The Law of Interpretation
Harvard Law Review, Vol. 130, No. 4, p. 1079, 2017, U of Chicago, Public Law Working Paper No. 583, Duke Law School Public Law & Legal Theory Series No. 2016-34
Number of pages: 69
Posted: 25 May 2016
Last Revised: 11 Feb 2017
Accepted Paper Series
University of Chicago - Law School and Harvard Law School
Downloads
2,298
33.
Constitutionalism and Democracy: Understanding the Relationship
THE IDEA OF CONSTITUTIONALISM, Steven Kautz, Arthur Melzer, Jerry Weinberger and M. Richard Zinman, eds., University of Pennsylvania Press, Forthcoming, San Diego Legal Studies Paper No. 07-121
Number of pages: 15
Posted: 09 Nov 2007
Accepted Paper Series
University of San Diego School of Law
Downloads
2,270
34.
Legal Formalism and Legal Realism: What Is the Issue?
Legal Theory, Vol. 16, No. 2, 2010, U of Chicago, Public Law Working Paper No. 320
Number of pages: 31
Posted: 26 Jul 2010
Last Revised: 02 Sep 2010
Accepted Paper Series
University of Chicago
Downloads
2,216
35.
The Interpretation-Construction Distinction
Constitutional Commentary, Vol. 27, pp. 95-118, 2010, Georgetown Public Law Research Paper No. 11-95
Number of pages: 24
Posted: 23 Jun 2011
Last Revised: 25 Jan 2012
Accepted Paper Series
University of Virginia School of Law
Downloads
2,212
36.
A Thought Experiment
Georgetown Public Law Research Paper No. 13-021
Number of pages: 3
Posted: 09 Mar 2013
Accepted Paper Series
Georgetown University Law Center
Downloads
2,207
37.
Conservatives and the Seven Sins of Judicial Activism
Number of pages: 41
Posted: 03 Nov 2002
Accepted Paper Series
University of North Carolina School of Law
Downloads
2,146
38.
Framework Originalism and the Living Constitution
Northwestern University Law Review, 2009
Number of pages: 94
Posted: 27 Oct 2008
Last Revised: 26 Feb 2009
Accepted Paper Series
Yale University - Law School
Downloads
2,143
39.
Originalism Versus Living Constitutionalism: The Conceptual Structure of the Great Debate
Northwestern University Law Review, Vol. 113, No. 6, 2019
Number of pages: 54
Posted: 08 Feb 2019
Last Revised: 23 Apr 2019
Accepted Paper Series
University of Virginia School of Law
Downloads
2,135
40.
Ambiguity and Vagueness in Legal Interpretation
OXFORD HANDBOOK ON LANGUAGE AND LAW, Lawrence Solan & Peter Tiersma, eds., Oxford University Press, 2011
Number of pages: 41
Posted: 31 Jul 2010
Last Revised: 30 Jan 2011
Accepted Paper Series
Max Planck Institute for the Study of Crime, Security and Law
Downloads
2,124
41.
The Trouble with Amicus Facts
Virginia Law Review, Vol. 100 (2014), William & Mary Law School Research Paper No. 09-273
Number of pages: 63
Posted: 15 Mar 2014
Last Revised: 09 Dec 2014
Accepted Paper Series
William & Mary Law School
Downloads
2,115
42.
Chevron in the Circuit Courts
Michigan Law Review, Vol. 116, pp. 1-73, 2017, Ohio State Public Law Working Paper No. 359, UGA Legal Studies Research Paper 2016-27
Number of pages: 74
Posted: 13 Jul 2016
Last Revised: 04 Oct 2017
Accepted Paper Series
University of Georgia School of Law and University of Michigan Law School
Downloads
2,103
43.
Originalism is Bunk
Number of pages: 96
Posted: 28 Dec 2007
Last Revised: 09 Sep 2009
Working Paper Series
University of Pennsylvania Carey Law School
Downloads
2,040
44.
Original Meaning and Constitutional Redemption
Constitutional Commentary, Vol. 24, 2007, Yale Law School, Public Law Working Paper No. 140
Number of pages: 106
Posted: 18 May 2007
Last Revised: 14 Apr 2008
Accepted Paper Series
Yale University - Law School
Downloads
2,022
45.
The Original Meaning of 'Natural Born'
20 University of Pennsylvania J. of Constitutional Law 199 (2017)
Number of pages: 48
Posted: 09 Jan 2016
Last Revised: 03 Mar 2021
Accepted Paper Series
University of San Diego School of Law
Downloads
2,001
46.
Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment
Georgetown Public Law Research Paper No. 10-06, The Journal of Legal Analysis, Vol. 3, 2011
Number of pages: 101
Posted: 20 Jan 2010
Last Revised: 28 Oct 2015
Accepted Paper Series
Georgetown University Law Center
Downloads
1,937
47.
The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision
Number of pages: 171
Posted: 11 Apr 2005
Working Paper Series
Northwestern University - Pritzker School of Law and Northwestern University, School of Law, Students
Downloads
1,926
48.
Inside Agency Statutory Interpretation
Stanford Law Review, Vol. 67, pp. 999-1079, 2015, Ohio State Public Law Working Paper No. 277
Number of pages: 81
Posted: 27 Sep 2014
Last Revised: 09 May 2015
Accepted Paper Series
University of Michigan Law School
Downloads
1,907
49.
Originalism and the Natural Born Citizen Clause
Illinois Public Law Research Paper No. 08-17
Number of pages: 12
Posted: 08 Sep 2008
Last Revised: 18 Apr 2010
Working Paper Series
University of Virginia School of Law
Downloads
1,884
50.
Three Tests for Practical Evaluation of Partisan Gerrymandering
68 Stanford Law Review 1263-1321, 2016
Number of pages: 17
Posted: 10 Oct 2015
Last Revised: 14 Feb 2019
Accepted Paper Series
Electoral Innovation Lab, Princeton University
Downloads
1,879
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