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Article III and Judicial Power I: Did Marbury Establish Judicial Supremacy?

In the course of a conservation I’ve been having with an extremely smart lawyer about John Roberts’ arguments about Article III, I’ve been trying to clarify some thoughts about judicial review and...

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The Goodridge Backlash?

In response to my point that Mickey Kaus’s nominal support for gay marriage was empty because he never finds any means of achieving it acceptable (the only meaningful difference between people who are...

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Veto points and democratic theory

I wasn’t going to post this, because of the obnoxious policies of academic publishers that would normally prevent me from providing an open link, but I’ve learned that Cambridge has opened the gate to...

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