Topic

Democratic Theory

Posts

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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.…

  • 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…

  • 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:…