The Historiographical Context of Revisiting James Bradley Thayer

Scholarship

PUBLISHER

Northwestern University Law Review Online

DATE

2020-02-17

G. Edward White

G. Edward White, The Historiographical Context of Revisiting James Bradley Thayer, Northwestern University Law Review Online (2020).

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
Big 10: Constitutional law experts on what's next for Supreme Court
Bertrall Ross
"As a constitutional matter, Dobbs provides a clear opening for overturning Obergefell and returning the regulation of marriage to the democratic... MORE
Dobbs and the Relevance of Experience
Charles Barzun
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE

Judging Progress: Roe, Casey and the idea of social change
Charles Barzun
Ever since the recent leak of Supreme Court Justice Samuel Alito’s draft opinion in the Dobbs v. Jackson Women’s Health Organization case, the media’... 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
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

Judicial Remedies and Structural Constitutional Violations
Rachel Bayefsky
Professor Aziz Huq’s The Collapse of Constitutional Remedies provides a terrific 360-degree tour of the federal courts’ treatment of judicial... 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