What Is the Constitution of Cyberspace Like?
Introducing an article and a blog post on “digital constitutionalism”
Introducing an article and a blog post on “digital constitutionalism”
Many critics of the US Supreme Court’s decision on abortion rights themselves embrace a purely political view of adjudication
Questionable arguments in Cass Sunstein and Adrian Vermeule’s critique of anti-administrativism
Why thinking that the public good is the measure of law and politics is a mistake
Regulation is not the right tool for intelligently dealing with complexity
A response to a common caricature of liberal beliefs
Why substantive canons belong in textualist interpretation, and what this tells us about neutral interpretive principles
Removing constitutional obstacles to power in the name of the common good is a dangerous, delusional idea
A proposal for an expanded (and entrenched) statutory bill of rights is confused and misguided
Learning about, and from, Pierre Trudeau’s 1968 proposal for what would become the Canadian Charter