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Common Sense and Common Law

Robert F. Nagel

Common-Law Liberty:  Rethinking American Constitutionalism.by James R. Stoner, Jr.University Press of Kansas.  208 pp. $29.95. For most people the term โ€œcommon lawโ€ summons up quaint images of wigged British...

Justice Stevensโ€™ Religion Problem

Robert F. Nagel

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...

Playing Defense in Colorado

Robert F. Nagel

The long-standing debate about the legitimacy of the Supreme Courtโ€™s constitutional rulings has recently been renewed with increased intensity. Traditionally, critics of the Court have charged that its decisions...