Constitutional Commentary

Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.

Articles from Vol. 14, No. 3, Winter

Democracy as a Meaningful Conversation
Much discussion of democracy in the United States, popular as well as scholarly, employs simple, descriptive models of that democracy. The most commonly encountered of these is what I call the "vote-centered" model of democracy. Under this vote-centered...
Discrimination by Proxy
I. THE PRINCIPLES Here are three well-settled principles of constitutional law: The Anti-Discrimination Principle. Government cannot use racial classifications, even as the most cost-effective proxies for other traits, unless using them...
The Supreme Court's Approach to the First Amendment in Cyberspace: Free Speech as Technology's Hand-Maiden
I. INTRODUCTION On June 26, 1997, the U.S. Supreme Court decided its first case involving cyberspace, Reno v. ACLU.(1) The Court ruled that the Communication Decency Act (CDA),(2) a federal law that bans the communication on the Internet of...
The World War II German Saboteurs' Case and Writs of Certiorari before Judgment by the Court of Appeals: A Tale of Nunc Pro Tunc Jurisdiction
Professor David J. Danelski has recently published an excellent account and analysis of the trial by military commission of the eight German saboteurs who landed on the beaches of Long Island and Florida during World War II, and of Ex parte Quirin,...