Constitutional Law: Cases, Comments and Questions

Scholarship

CO-AUTHORS Jesse H. Choper, Michael C. Dorf, and Richard H., Fallon Jr.

PUBLISHER

West Academic

DATE

2019

Frederick Schauer

Jesse H. Choper et al., Constitutional Law: Cases, Comments and Questions, West Academic (2019 ed. 2019).

Bad Faith Prosecution
Ann Woolhandler

Michael G. Collins
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
Small-c Constitutional Rights
Mila Versteeg
Although constitutions establish countries’ fundamental laws, identifying which legal materials are constitutional is not a straightforward task.... MORE
The Original Meaning of “Due Process of Law” in the Fifth Amendment
Lawrence B. Solum
The modern understanding of the Fifth Amendment Due Process of Law Clause is dramatically different from the original meaning of the constitutional... MORE

Conceptualizing the Field of Comparative Constitutional Law
David S. Law
Expanded and revised version ofIntroduction: Pedagogy and Conceptualization of the Field, in CONSTITUTIONALISM IN CONTEXT (David S. Law ed.,... MORE
Judicial Review of Constitutional Amendments: Taiwan
David S. Law
Scholars frequently distinguish between “hard” and “soft” forms of judicial review: “hard” review gives courts the final say on constitutional... MORE
Islamic Constitutionalism: Iran
David S. Law
The Islamic Republic of Iran prides itself on being the only country with an entirely codified Islamic legal system, and on being a pioneer in the... MORE

Pedagogy and Conceptualization of the Field
David S. Law
This introductory chapter uses the framework of pedagogical choice to articulate and compare competing visions of how the field should be... MORE
Enforcement Lawmaking and Judicial Review
Payvand Ahdout
It is—and has long been—well known that the Executive’s power is expanding. To date, there are two dominant analyses of the Judiciary’s role in that... MORE
Constitutionalism in Context
David S. Law
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research... MORE

Originalism and Personal Jurisdiction: Several Questions and a Few Answers
Lawrence B. Solum
The modern law of personal jurisdiction in the United States is largely the product of living constitutionalism. The most important decision is... MORE
I Clerked for Justice Breyer. There’s One Thing I Hope Remains on the Court Long After He’s Gone.
Risa Goluboff
During his retirement speech at the White House on Thursday , Justice Stephen Breyer directed much of his remarks to the students in the audience. A... MORE
Public Rights and Taxation: A Brief Response to Professor Parrillo
Ann Woolhandler
A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who... MORE

Unoriginal Textualism
Frederick Schauer
The burgeoning debates about constitutional interpretation show no signs of abating. With surprisingly few exceptions, however, those debates involve... MORE
Migrant-Family Separation and the Diverging Normative Force of Higher-Order Laws
Kevin Cope
A growing experimental literature suggests that international law appears to have a larger impact on public opinion than constitutional law. Because... MORE
Vaccine Passports as a Constitutional Right
Kevin Cope
Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a... MORE

Privacy Injunctions
Danielle K. Citron
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE
Remembering: The Constitution and Federally Funded Apartheid
Joy Milligan
For much of the twentieth century, the U.S. government authorized and invested heavily in segregation and racial inequality. Often it did so through... MORE
The City in the Future of Federalism
Richard C. Schragger
Cities have been largely absent from the theory and doctrine of federalism, especially in the U.S., where federalism discourse is invariably... MORE