Constitutional Commentary

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

Articles from Vol. 29, No. 1, Summer

Court-Packing and Compromise
The controversy precipitated by Franklin D. Roosevelt's Court-packing Plan is among the most famous and frequently discussed episodes in American constitutional history. During his first term as President, Roosevelt had watched with mounting discontent...
Hate Speech Law and Disagreement
THE HARM IN HATE SPEECH. By Jeremy Waldron. (1) Harvard University Press. 2012. Pp. vii + 292. $26.95 (cloth). Jeremy Waldron is erudite, well-published and well-known. He currently divides his time between being a professor of law at the New York...
Justice in Times of Transition: A Reflection on Transitional Justice
TRANSITIONAL JUSTICE: NOMOS LI. Edited by Melissa S. Williams, (1) Rosemary Nagy (2) and John Elster. (3) New York, New York University Press. 2011. Pp. xiv + 367. $60.00 (cloth). Transitional Justice as a motif, a discourse and a practice continues...
Obligation, Anarchy, and Exemption
AGAINST OBLIGATION: THE MULTIPLE SOURCES OF AUTHORITY IN A LIBERAL DEMOCRACY. By Abner S. Greene. (1) Cambridge, MA: Harvard University Press. 2012. Pp. ix + 333. $49.95 (cloth). People embrace philosophical anarchism for different reasons. Sometimes...
Race Matters
SHOULD RACE MATTER?: UNUSUAL ANSWERS TO THE USUAL QUESTIONS. By David Boonin. (1) Cambridge, Cambridge University Press. 2011. Pp. vii + 441. $99.00 (cloth), $34.99 (paper). One frequently hears that America has a race problem. We agree, but the...
The Challenge of, and Challenges to, Originalism
THE CHALLENGE OF ORIGINALISM: THEORIES OF CONSTITUTIONAL INTERPRETATION. Grant Huscroft (1) & Bradley W. Miller (2) eds. Cambridge, Cambridge University Press. 2011. Pp. ix + 305. $99.00 (cloth). I. INTRODUCTION The Challenge of Originalism...