Recently added articles from Constitutional Commentary:
Guantanamo, Boumediene, and jurisdiction-stripping: the imperial president meets the imperial court.
Jun 22, 2009; ... INTRODUCTION In Boumediene v. Bush, (1) the Supreme Court struck down a major pillar of President Bush's war on terror: the indefinite detention of terror suspects in Guantanamo Bay, Cuba. The Court held that even non-citizen prisoners held by the United States government on ...
Is American constitutional law in crisis? Ass'n of American Law Schools section on constitutional law (January 2009).(Symposium)
Jun 22, 2009; ... First of all, welcome to the Ninth Circuit. It's really no accident. We're not only the biggest Circuit out there, but we go all the way from the Arctic Circle in the north to Samoa in the south, making us the northernmost and southernmost circuit. You probably knew that. But you probably ...
Is law? Constitutional crisis and existential anxiety.(Symposium)
Jun 22, 2009; ... To ask, "Is God?" appears to presuppose a being who perhaps isn't ... and thus is open to the same objection as the question, "Does God exist?" ... but until the difficulty is pointed out it does not have the same propensity to confuse language with meaning and to conjure up a God who may ...
Putting the law back in constitutional law.(Symposium)
Jun 22, 2009; ... Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, (1) the organizers of this symposium have asked us to address whether constitutional law is in crisis. I am agnostic on that question, although I think that there has been ...
Constitutional Fictions: A Unified Theory of Constitutional Facts.(Book review)
Jun 22, 2009; ... CONSTITUTIONAL FICTIONS: A UNIFIED THEORY OF CONSTITUTIONAL FACTS. By David L. Faigman. (1) Oxford University Press. 2008. Pp. xiii + 230. $65.00. INTRODUCTION In Gonzales v. Carhart, the Supreme Court sustained the constitutionality of the federal Partial-Birth ...