Constitutional Commentary

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

Articles from Vol. 15, No. 1, Spring

A Very New Lawyer's First Case: Brown V. Board of Education
They asked the FBI three times to find me that mid-August weekend in 1953. They couldn't do it. Maybe I should have held up a bank or two. They turned the job over to the Harvard Law School grapevine, and within two hours I had a telegram from my...
Diversity and Meritocracy in Legal Education: A Critical Evaluation of Linda F. Wightmans's "The Threat to Diversity in Legal Education." (Response to Linda F. Wightman, New York University Law Review, Vol. 72, P. 1, 1997)
The debate over racial preferences in admissions to higher education has grown more heated than ever, now that a vote by the Regents of the University of California and the passage of Proposition 209 have compelled the university to admit students...
Ducking Dred Scott: A Response to Alexander and Schauer
In their article entitled "On Extrajudicial Constitutional Interpretation,"(1) Larry Alexander and Frederick Schauer promise to provide an "unqualified" defense of the rule of judicial supremacy announced in Cooper v. Aaron.(2) According to that rule,...
Is a Coherent Theory of Religious Freedom Possible?
Is a theory of religious freedom possible? It's obvious that we can and do talk about and argue about issues of religious freedom--school prayer, aid to parochial schools, and so forth. But a "theory" entails something more than "talk," or ad hoc...
The Chemical Weapons Convention: Political and Constitutional Issues
I. INTRODUCTION While 160 nations have signed the Chemical Weapons Convention ("CWC"), only 75 countries have ratified it thus far. On April 25, 1997, after years of political maneuvers, the U.S. Senate finally added the United States to the...
The New Sovereignty and the Old Constitution: The Chemical Weapons Convention and the Appointments Clause
A noted scholar on foreign affairs law has declared, "[n]o provision in any treaty has been held unconstitutional by the Supreme Court and few have been seriously challenged there.(1) The Constitution appears to subject treaties and executive agreements...
Through a Different Lens: A Reply to Stephan Thernstrom
In a continuation of the debate over the role of preferential admissions in higher education, Professor Stephan Thernstrom prepared an evaluation of my study The Threat to Diversity in Legal Education: An Empirical Analysis of the Consequences of...