Damage Control in the Roberts Era
Progressive activists face an increasingly hostile legal environment. What strategies can they pursue?
Fall 2025
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The Presidential Empire
Whichever way Congress might vote on the NSA, the steady creep of our executive branch is unlikely to be reversed.
How the Supreme Court’s Ruling on Ricci v. DeStefano Hints at Trouble Ahead
Mark Tushnet on Ricci v. DeStefano
Democracy Versus Judicial Review 
Is It Time to Amend the Constitution?
Is Judicial Review Good for the Left?
Political scientist Peter Irons once wrote a book about people who took their constitutional claims to the Supreme Court. They included Mary Beth Tinker, who successfully challenged her school board’s policy barring her from wearing a black armband to protest …
Idols of the Right: The Law-and-Economics Movement
For the past two decades conservative legal theorists have propagated two right-wing approaches to law. Most public attention has focused on the theory of “original intent” as a guide to interpreting the Constitution. In the law schools, though, the theory …
