MANUSCRIPTS FROM 2008

Judicial Review and Democratic Theory, Leslie F. Goldstein

Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas (2003) in Legal and Political Time, Ronald Kahn

The Constitution as Creator of Second-Class Citizens, Sanford Levinson

Dimensions of Women's Equal Citizenship, Linda C. McClain

Prostitutes, Coolies, Slaves, and Citizens: How Gender, Race, and Class, Constructed Citizenship and the Nation State during the Asian Exclusion Movement, Carol Nackenoff

Sacrifice and Civic Membership: Who Earns Rights, and When?, Julie Novkov

Reflections on the Constitutional Duties of Citizens (and Persons), Peter E. Quint

Women's Civic Inclusion and the Bill of Rights, Gretchen Ritter

Constitutional Citizenship and Constitutional Ethos, Howard Schweber

Gender at the Margins of Contemporary Constitutional Citizenship, Rogers M. Smith

Governance, Family, and Citizenship, Kathleen Sullivan

John Brown's Constitution, Robert L. Tsai

[no title], Mariah Zeisberg

Rights of Belonging as Citizenship Rights, Rebecca E. Zietlow

MANUSCRIPTS FROM 2006

The Process of Constitutional Change: From Partisan Entrenchment to the National Surveillance State, Jack M. Balkin and Sanford Levinson

Underlying Principles, Randy E. Barnett

Liberalism in the Twenty-First Century, David S. Bogen

Liberalism in the Age of Terror: On Defining Our Barbarians, Maxwell O. Chibundu

The Jury Trial and Democratic Values: On the Twenty-First Century Incarnation of an Eighteenth Century Institution, Maxwell O. Chibundu

An Eighteenth Century Second Amendment in a Twenty-First Century World: Moving Beyond Originalist Errors to Historical Insight, Saul Cornell

Judicial Globalization in the Service of Self-Government, Martin S. Flaherty

Narrow Originalism/Intentionalism, James E. Fleming

Party Politics and Constitutional Change: The Political Origins of Liberal Judicial Activism, Howard Gillman

Political Development and the Origins of the "Living Constitution", Howard Gillman

The Spectre of the Second Amendment: Re-reading the Slaughterhouse Cases (1873) and U.S. v. Cruikshank (1876) in light of the KKK Cases (1871-2), Leslie Friedman Goldstein

The U.S. Supreme Court and Minority Races, Leslie Friedman Goldstein

Constitutional Theory Goes to Market, Mark A. Graber

Did the Founding Fathers Do "A Heckuva Job"? Constitutional Authorization for the Use of Federal Troops to Prevent the Loss of a Major American City, Michael Greenberger

Levinson and Constitutional Reform: Some Notes, Stephen M. Griffin

A Place for "Thin" Interposition? What John Taylor of Carolene and the Embargo Crisis Have to Offer Regarding Resistance to the Bush Constitution, Bradley D. Hays

Hartz, Political Culture, and Supreme Court Decision Making in the 21st Century: Questioning Popularist Constitutional Theory, Ronald Kahn

The Constitution May Be Undemocractic, but Not Supreme Court Decision-making: The Difference between Legal and Political Time, Ronald Kahn

The Other Wartime Hysteria: Panic in the Halls of Reform, Ken I. Kersch

Geographic Representation and the U.S. Congress, Frances E. Lee

The Democratic Deficit in America, Sanford Levinson

Some Constitutional Reforms that America Needs but Are Not Likely to See Anytime Soon, Carol Nackenoff

What Hartz Didn't Understand about the "Liberal Tradition" Then, and Why It Matters for Understanding Law Now, Carol Nackenoff

Demystifying Social Welfare: Needs and Social Justice in the Evaluation of Democracies, Joe A. Oppenheimer

Layers of the Past: The Enemy Combatant Cases, Peter E. Quint

What is a Twentieth Century Constitution?, Peter E. Quint

Louis Hartz at 50: On the Varieties of Counterrevolutionary Experience in America, Corey Robin

Liberalism at the Turn of the 21st Century: An Historical Perspective, Rebecca Roiphe

September 11 and the Second Wave of Public Law Globalization: The New Legal Infrastructure of Anti-Constitutionalism, Kim Lane Scheppele

The International State of Emergency: Challenges to Constitutionalism after September 11, Kim Lane Scheppele

Constitutional Contortion? Making Unfettered War Powers Compatible with Limited Government, Gordon Silverstein

Restraining the Judges, Gordon Silverstein

From 'Just' To Just 'Decent'? Constitutional Transformations and the Reordering of the European Public Sphere, Cindy Skach

Why No "Liberalism" in the United States?, Rogers M. Smith

Constitution Making in Fragile States, Karol Soltan

Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights, Lawrence Solum

Constitutional Possibilities, Lawrence B. Solum

Yes, Eighteenth Century Constitutionalism for the Twenty-First Century, George Thomas

The Political Constitution of Emergency Powers: Some Lessons from Hamdan, Mark Tushnet

The Fog of War: Checks and Balances and National Security Policy, Kenneth Ward

It's Alive! The Persistence of the Constitution, Keith E. Whittington

MANUSCRIPTS FROM 2005

The Inevitability of Judgment, David S. Bogen

Building the Judiciary: William Howard Taft and the Politics of Institutional Development, Justin Crowe

Smoke, Not Fire, Neal Devins

Schmooze Thoughts: Towards Understanding the Merits of Juristocracy in Comparison with Other Political Institutions, Paul Frymer

Around Juristocracy: The Reallocation of Judicial Authority in Preemption Doctrine, Daniel Gilman

Formal Characteristics of National Constitutions: A Cross-National Historical Dataset, Tom Ginsburg and Zachary Elkins

FROM DEMOCRACY TO JURISTOCRACY? The Power of Judges: A Comparative Study of Courts and Democracy, Leslie Friedman Goldstein

Beyond Manicheanism: Assessing the New Constitutionalism, Lisa Hilbink

Testing Standards of Evaluation and Methods of Inquiry in Hirschl’s Towards Juristocracy: England’s Human Rights Act of 1998, Ronald Kahn

Assessing Juristocracy: Are Judges Rulers or Agents?, George Lovell

Out of Bounds: Judges, Legislators, and Europe’s Law, Noga Morag-Levine

The Political Tilt of "Juristocracy"?, Carol Nackenoff

Judicial Power and Mobilizable History, Richard Primus

"The Most Extraordinarily Powerful Court of Law the World Has Ever Known"? - Judicial Review in the United States and Germany, Peter E. Quint

Who Are the Juristocrats? Guerrilla Warfare among the Courts, William L. Reynolds

Delegation and Legitimacy, Karol Soltan

“Informal Thoughts: SCOTUS, Active Judicial Policy-Making, Uncertainity, and Pragmatism, Ira L. Strauber

MANUSCRIPTS FROM 2004

A Perspective on the Free Speech Guarantee, Dean Alfange Jr.

Defending the First Amendment from Antidiscrimination Laws, David E. Bernstein

Confessions of a Flawed Liberal, Rebecca L. Brown

Whose Ox Is Gored? Free Speech, the War on Terror, and the Indivisibility of Rights, Donald A. Downs

First Amendment Doctrine as Regime Politics, Howard Gillman

Virginia v. Black: Hard-core Hate Speech, Hard-core Porn and the First Amendment , Leslie Friedman Goldstein

The Meaning of Liberalism/Conservatism On The Mature Rehnquist Court: First Amendment Absolutism and a Muted Social Construction Process, Ronald Kahn

Friends, Enemies and Speech, Scot Powe

Toward Flawlessness, Peter E. Quint

States as Speakers, Kermit Roosevelt III

ThePublic/Private Divide and Coherence in First Amendment Jurisprudence, Howard Schweber

State Action in 2020, Mark Tushnet

Central Hudson’s Other Problem, Rebecca Tushnet

MANUSCRIPTS FROM 2003

The Great American Public, Mass Society, and the New Constitutional Order, Richard C. Boldt

The Constitution in Crisis, John Brigham

The New Constitutional Order and Globalization, Maxwell O. Chibundu

Tushnet’s The New Constitutional Order, Ronald Kahn

Congress in the "New Constitutional Order", Peter E. Quint