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  1. Robert F. Nagel

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Common-Law Liberty: Rethinking American Constitutionalism

From the February 2004 Print Edition

For most people the term “common law” summons up quaint images of wigged British judges and piles of dusty law books. For many practicing lawyers and law professors such images represent the surface of a deeper and unamusing reality, an archaic system of legal thought. In that system . . . . Continue Reading »

1 Feb 2004

Justice Stevens’ Religion Problem

From the June/July 2003 Print Edition

On many occasions the Supreme Court has declared that the religion clause of the First Amendment prohibits government from acting with the purpose of disapproving a particular religion or religion in general. For instance, in a colorful case involving a city ordinance restricting the practice of . . . . Continue Reading »

1 Jun 2003

Playing Defense in Colorado

From the May 1998 Print Edition

The long-standing debate about the legitimacy of the Supreme Court’s constitutional rulings has recently been renewed with increased intensity. Traditionally, critics of the Court have charged that its decisions are too often “political” or “unprincipled” or . . . . Continue Reading »

1 May 1998
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