September 29, 2021
Donald L. Horowitz— Suppose you were advising a constitutional assembly chosen to produce a new constitution for a troubled country. Most constitutions are created because some trouble has occurred: the… READ MORE
September 22, 2021
Robinson Woodward-Burns— The federal framers signed the Constitution in Philadelphia on September 17, 1787. The following July 4, Philadelphians celebrated the Constitution’s ratification with a mile-long “Grand Federal Procession,” led… READ MORE
February 23, 2021
Richard Butterwick— The ancient Roman historian Sallust pronounced, “It is better to live in perilous liberty than in tranquil servitude.” But on May 3, 1791, a path beyond the Sallustian… READ MORE
December 2, 2020
Thomas P. Crocker— One of the intriguing developments during the COVID-19 crisis is how absent claims about presidential power to solve national security crises have been. There have been no… READ MORE
July 15, 2020
Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title… READ MORE
May 15, 2020
Gary Jeffrey Jacobsohn— Recently a United States Senator, reflecting on the terrible crisis we all now face, recalled an earlier time when the nation confronted an existential threat to its… READ MORE
November 29, 2019
Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from… READ MORE
October 28, 2019
George C. Edwards III— Can the intentions of the framers justify the violation of majority rule in the twenty-first century? Most of the motivations behind the creation of the electoral… READ MORE
September 18, 2018
Many who declare that Americans in 2018 should stick to the original words of the United States Constitution, ratified in 1788, fail to acknowledge that in reality the nation has… READ MORE
October 21, 2017
Robert A. Burt— The judicial task is not mechanistic but properly and necessarily involves judgment. In particular, judges must understand themselves as ultimately promoting equal deliberation among conflicting parties rather… READ MORE
Abolitionism and Environmental Justice: Lessons from the Eighteenth to the Twenty-First Century
