Topic
Democratic Theory
Posts
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NoteVol. 87 · Iss. 1
Veterans at the Gates: Exploring the New GI Bill and Its Transformative Possibilities
The Post-9/11 Veterans Educational Assistance Act of 2008 (“Act”)—popularly referred to as the “GI Bill for the 21st century”—restores veterans’ educational benefits to the…
Joseph B. Keillor -
ArticleVol. 87 · Iss. 1
Hidden Taxes
The idea of hidden taxes is as old as John Stuart Mill, but convincing evidence of their existence is new. In this Article, I…
Brian Galle -
ArticleVol. 94 · Iss. 1
The Contours of Constitutional Approval
Scholars and judges agree on the importance of constitutional approval—that is, people’s subjective support for their constitution. The Supreme Court has asserted that it…
Nicholas O. Stephanopoulos & Mila Versteeg -
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 -
NoteVol. 96 · Iss. 2
Protecting the Democratic Role of the Press: A Legal Solution to Fake News
It is difficult to discuss the 2016 presidential election without including the impact of fake news in the conversation, and most commentators deplore the…
Andrea Butler -
ArticleVol. 96 · Iss. 1
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
In its Eighth Amendment cases, the Supreme Court has often cited counter-majoritarian considerations as the basis for exercising judicial restraint. As a result, excessive…
William W. Berry -
ArticleVol. 92 · Iss. 1
Religious Associations: Hosanna-Tabor and the Instrumental Value of Religious Groups
In its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court held that the Religion Clauses of the First…
Ashutosh Bhagwat -
ArticleVol. 97 · Iss. 5
Property Law’s Search for a Public
Public spaces—streets, sidewalks, parks, plazas, squares, and the like—form a major component of the physical environment. Therefore, disputes over the use and management of…
Nadav Shoked -
ArticleVol. 91 · Iss. 4
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…
Sergio J. Campos & Gregory Koger -
ArticleVol. 98 · Iss. 3
Active Virtues
Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy.…
Michael D. Gilbert & Mauricio A. Guim -
ArticleVol. 98 · Iss. 3
Democratizing Rule Development
Agencies make many of their most important decisions in rulemaking well before the publication of a Notice of Proposed Rulemaking (NPRM), when they set…
Michael Sant’Ambrogio & Glen Staszewski -
ArticleVol. 98 · Iss. 2
Freedom of the Press in Post-Truthism America
Freedom of the press in America is at a critical crossroads in a number of ways, but one way stands out as most fundamental:…
RonNell Andersen Jones & Lisa Grow Sun