Heather Gerken has posted this draft on SSRN (Duke Law Journal).  Here is the abstract: Much of constitutional theory is preoccupied with a single question: What does a democracy owe its minorities? And most of the answers to this question… Continue reading

Jim Gardner has posted this draft on SSRN.  Here is the abstract [update: it appears that only an abstract appears right now with no paper to download]: Deliberative democracy offers a distinctive and appealing conception of political life, but is… Continue reading

Déjà Vu All Over Again: Courts, Corporate Law, and Election Law Heather K. Gerken and Michael S. Kang Translating Fiduciary Principles Into Public Law Ethan J. Leib, David L. Ponet & Michael Serota

Jim Gardner has posted this draft on SSRN (forthcoming, St. Louis U. L. Rev.).  Here is the abstract: Democracy does not implement itself; a society’s commitment to govern itself democratically can be effectuated only through law. Yet as soon as… Continue reading

The California Law Review has now published a symposium including Rick Pildes’s important article on the rise of partisanship and responses from Paul Frymer, David Kennedy, Michael McConnell, and Nolan McCarty.

Chad Flanders has posted this draft on SSRN (Alaska Law Review).  Here is the abstract: Both Joey Fishkin’s and Justin Levitt’s responses to my article, “How Do You Spell MURKOWSKI?” deal thoughtfully with the deeper questions raised by the Murkowski… Continue reading

Rick Pildes, with a new piece on elections exceptionalism. From the abstract: This essay asserts that the strongest legal arguments for justifying regulations of election financing, such as electioneering paid for out of a corporation’s or union’s general treasury funds,… Continue reading

Tabatha Abu El-Haj has published this article in the NYU Law Review.  I just received a copy in the mail and I can’t wait to read it.  Here is the abstract: The world in which we live, a world in… Continue reading