MANUSCRIPTS FROM 2008
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
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
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
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