Topic: Jurisprudence

Obama nominates “unabashed liberal” to 9th Circuit

Law Review: The Radicalism of Legal Positivism

Law Review: On the Significance of Constitutional Spirit

Law Review: Clarence Thomas’s jurisprudence unexplained

Law Review: Biblical Literalism and Constitutional Originalism

Law Review: Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism

Law Review: The Evolution of Academic Discourse on Sexual Orientation and the Law

In Chicago Gun Case, Supreme Court Sounds Note of Caution

Law Review: Constitutional Law and Religion

Law Review: The Functions of Ethical Originalism

Law Review: The Misunderstood Relationship between Originalism and Popular Sovereignty

Law Review: The Rise and Fall of Universal Jurisdiction

Roberts versus Roberts: Just how radical is the chief justice?

Law Review: Nonincorporation of the Establishment Clause: Satisfying the Demands of Equality, Pluralism, and Originalism

Law Review: Heller High Water? The Future of Originalism

Law Review: The significance of “folkways and mores” in international law

American Conservatism: An Encyclopedia – Natural Law

Clarence Thomas, Sonia Sotomayor, and the Noble Lie

John Finnis: Does Free Exercise of Religion Deserve Constitutional Mention?

Law Review: The Law Clerk Proxy Wars: Secrecy, Accountability, and Ideology on the U.S. Supreme Court

Law Review: Availability and Culpability in Reproductive Health Jurisprudence

Law Review: Transnational Legal Pluralism

Death with Stupidity: The Tortured Reasoning of Montana’s High Court

Activists see threat to Roe precedent in campaign finance decision

Law Review: Rethinking the Use of Foreign Law and Public Consensus

Law Review: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking

Law Review: Partial Constitutional Text, Religion, and Maintaining Our Political Order

Law Review: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination

Catholics and the law

Law Review: The Forgotten Freedom of Assembly

Law Review: The Associational Thesis: A New Logic for Free Exercise Jurisprudence

Law Review: Originalism and the (Merely) Human Constitution

Jennifer Roback Morse: The dangerous Olsen and Boies precedent

Here comes the super judge – ‘universal jurisdiction’ claims

John Dewey and the philosophical refounding of America

Law Review: Judicial deference to selective science in Gonzales v. Carhart

Law Review: The normative turn in European Union studies

Foreword: Our Paradoxical Religion Clauses

The Role of Islamic Shari’ah in Protecting Women’s Rights

Equality and the Free Exercise of Religion

Culture, Religion, and Indigenous People

Our Twenty-First Century Constitution

Proving a Negative: Rousseau and Madison’s Fear of Factionalism as Interpreted by Berlin’s Two Concepts of Liberty

The Right to Arms in the Living Constitution

“Obama’s judicial appointment strategy isn’t working”

CLS v. Hastings Law: Yet another response to Professor Volokh by David French

John of Salisbury – Natural Law Must Inspire Positive Law

Roe’s Life-or-Health Exception: Self-Defense or Relative-Safety?

No Closer to Clarity: The Establishment Clause and the Supreme Stumble in Van Orden v. Perry

On the Origins of Originalism

Reconceptualizing Judicial Activism as Judicial Responsibility: A Tale of Two Justice Kennedys

Exposing the Underground Establishment Clause in the Supreme Court’s Abortion Cases

“The Reasons Why Originalism Provides a Weak Foundation for Interpreting Constitutional Provisions Relating to Religion”

Killing Slaughterhouse: Understanding the controversial 1873 decision at the center of the Supreme Court’s upcoming gun rights fight

How Many Votes To Overrule The Slaughterhouse Cases?

From Privacy to Liberty: The Fourth Amendment After Lawrence

The European Public Order, Constitutional Principles and Fundamental Rights

Holmes, Common Law Theory and Judicial Restraint

Georgetown Panel on McDonald & the Privileges or Immunities Clause

The Indivisible Constitution

Santa Clara Conference: The History of International Law in the Supreme Court

Living originalism

The Community Defense Reporter Online: Protecting Children and Their Neighborhoods

Is it Important to Be Important? Evaluating the Supreme Court’s Case Selection Process

Peter Lawler: Reflections on the legacy of Justice O’Connor

Beyond Historical Blushing: A Plea for Constitutional Intelligence

“Taking Lochner Out of the Closet or Liberty of Contract as a Basis for Gay Rights”

The Role of History in Judging Disputes About the Meaning of the Constitution

Judie Brown: Forsythe’s dilemma on personhood – legal positivism

Rethinking the Presumption of Constitutionality

Talking Originalism

How Planned Parenthood v. Casey (Pretty Much) Settled the Abortion Wars

Constitutional Handcuffs

The Rule of Law as a Constitutional Principle of the European Union

The undoing of American Constitutionalism