LATEST SCHOLARSHIP

The Tragedy of Democratic Constitutionalism

ABSTRACT In contemporary constitutional jurisprudence, capacious notions of individual liberty are ascendant. Under the First Amendment, due process, takings, nondelegation, and a range of interpretive doctrines, advocates are seeking greater...

State Constitutions and Summary Judgment

ABSTRACT Is summary judgment constitutional? Scholars have passionately debated the question in recent years. But they have made an important oversight. Ironically, the issue surrounding summary judgment’s constitutionality that is the most...