Topic
Book Review
Posts
-
ArticleVol. 87 · Iss. 6
Rodrigo’s Portent: California and the Coming Neocolonial Order
Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to…
Richard Delgado -
ArticleVol. 95 · Iss. 6
Managing Dissent
In his insightful new book, Managed Speech: The Roberts Court’s First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a “managed…
Timothy Zick -
ArticleVol. 95 · Iss. 6
Public Employee Speech and Magarian’s Dynamic Diversity
The Supreme Court under Chief Justice John Roberts has been praised in many quarters as a committed ally of free speech. Certainly, a number…
Heidi Kitrosser -
ArticleVol. 95 · Iss. 6
A Half-Hearted Defense of the Categorical Approach
One of Professor Magarian’s more impressive achievements in Managed Speech is paying the Roberts Court the compliment of providing a theory that runs through…
Chad Flanders -
ArticleVol. 95 · Iss. 5
Lawness
One of the more important insights in H.L.A.Hart’s The Concept of Law comes on the very first pages of the book, where Hart insightfully…
Fredrick Schauer -
ArticleVol. 95 · Iss. 5
Phenomenology, Colonialism, and the Administrative State
In A Realistic Theory of Law, Brian Tamanaha rejects the claim that universal legal principles exist, and its variant that essential features of law…
Edward L. Rubin -
ArticleVol. 95 · Iss. 5
The Data of Jurisprudence
In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it,…
Gerald J. Postema -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Forgotten Refugees? Engendering Assembly
This paper addresses three specific issues: Professor Inazu‘s treatment of the always-contested divide between public and private, his overly narrow reading of the Supreme…
Susan Frelich Appleton -
ArticleVol. 89 · Iss. 6
Commentary—How Necessary Is the Right of Assembly?
As a political culture seemingly hard-wired for the full-throated championing of individual rights, we are not quite sure what to do with liberty claims…
Robert K. Vischer -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Liberty’s Refuge is an important book with a lot of original and interesting things to say about the First Amendment. In many ways, however,…
Ashutosh Bhagwat