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The Salary Revolution and the Marks of Government’s Distinctness: A Response...

In Against the Profit Motive: The Salary Revolution in American Government, 1780–1940,259×259. Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780–1940...

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Running Government Like a Business . . . Then and Now

Introduction The American administrative state is on the ropes. It is being challenged as inefficient, expensive, bloated, moribund, out of control, and even morally bankrupt. Modest calls during the...

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A Tragedy of Errors: Blackstone, Procedural Asymmetry, and Criminal Justice

Mantras have power, in and out of law. The best of them resonate throughout the ages: “Veni, Vidi, Vici”; “All for One and One for All”; “Liberty or Death”; “A House Divided Cannot Stand”; “I Have a...

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On the Meaning of “Natural Born Citizen”

We have both had the privilege of heading the Office of the Solicitor General during different administrations. We may have different ideas about the ideal candidate in the next presidential election,...

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How a “Lawless” China Made Modern America: An Epic Told in Orientalism

Legal Orientalism begins with a map of modern law in which the United States and China are located at opposite ends. America sees itself as being built on “particularly universal” political values in...

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A Response to Professor Tan’s Review of Legal Orientalism

I want to thank Professor Carol Tan for her generous, extensive, and insightful review of Legal Orientalism: China, the United States, and Modern Law (Harvard University Press, 2013).58×58. Carol G.S....

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The Invention of Low-Value Speech

The full text of this Article may be found by clicking the PDF link below. It is widely accepted that the First Amendment does not apply, or applies only weakly, to what are often referred to as...

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Out of Range: On Patently Uncovered Speech

In challenging the Supreme Court’s newly announced method of determining the coverage — and thus the boundaries — of the First Amendment, Genevieve Lakier demonstrates perceptively and effectively that...

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A Response to Professor Helfman’s Review of The Royalist Revolution

I am deeply grateful to Professor Tara Helfman for her rich and generous review of my book.1×1. Tara Helfman, Crown and Constitution, 128 Harv. L. Rev. 2234 (2015) (reviewing Eric Nelson, The Royalist...

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Crown and Constitution

The full text of this Article may be found by clicking the PDF link below. In his first cabinet meeting of 2014, President Obama announced a strategy to bypass the Republican-controlled House of...

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The Struggle for Administrative Legitimacy

The full text of this Book Review may be found by clicking the PDF link below. Nearly forty years ago, Professor James O. Freedman described the American administrative state as haunted by a “recurrent...

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Tocqueville’s Nightmare: Institutional and Intellectual

Professor Jeremy Kessler’s insightful review of Professor Daniel Ernst’s wonderful book on administrative law through the 1940s, Tocqueville’s Nightmare, raises several important questions about the...

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About Ned

The great peculiarity of the privacy cases is their predominant, though not exclusive, focus on sexuality — not ‘sex’ as such, of course, but sexuality in the broad sense of that term: the network of...

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The Age of Scalia

The full text of this Essay may be found by clicking the PDF link below. During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to...

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A Fool for the Original Constitution

I confess that Justice Antonin Scalia was one of my heroes. He did not seem a demigod; he was no Washington, Lincoln, or Gandhi. Justice Scalia could be too pugnacious. He could vent against colleagues...

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The Judicial Presumption of Police Expertise

The full text of this Article can be found by clicking the PDF link to the left. This Article examines the unrecognized origins and scope of the judicial presumption of police expertise: the notion...

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Bureaucracy and Distrust: Landis, Jaffe, and Kagan on the Administrative State

The full text of this Essay can be found by clicking the PDF link to the left. What, if anything, legitimates the administrative state? By “legitimacy” I refer not to any thick normative notion, but to...

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Marking 200 Years of Legal Education: Traditions of Change, Reasoned Debate,...

The full text of this Essay can be found by clicking the PDF link to the left. What is the significance of legal education? “Plato tells us that, of all kinds of knowledge, the knowledge of good laws...

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The Socratic Method in the Age of Trauma

The full text of this Essay can be found by clicking the PDF link to the left. When I was a young girl, the careers I dreamed of — as a prima ballerina or piano virtuoso — involved performing before an...

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Race Liberalism and the Deradicalization of Racial Reform

The full text of this Essay can be found by clicking the PDF link to the left. In the era that followed the formal collapse of white supremacy, efforts to sustain and broaden reformist agendas against...

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