Material in the book previously appeared, in a different form, in the following publications and is reprinted with permission of the publishers:
“Alternative Forms of Judicial Review,” Reprinted from the Michigan Law
Review, August 2003, vol. 101, No. 8. Copyright 2003 by The Michigan
Law Review Association.
“Book Review,” 2 International Journal of Constitutional Law 734 (2004).
“Evaluating Congressional Constitutional Interpretation: Some Criteria
and Two Informal Case Studies,” 50 Duke Law Journal 1395 (2001).
“Forms of Judicial Review as Expressions of Constitutional Patriotism,” 22
Law and Philosophy 353 (2003). Copyright © 2003 Kluwer Academic
Publishers. No part of the material protected by this copyright notice may
be reproduced or utilized in any form or by any means, electronic or me-
chanical, including photocopying, recording or by any information storage
and retrieval system, without written permission from the copyright
owner. Reprinted with kind permission of Springer Science and Business
“Institutions for Implementing Constitutional Law,” originally published
in Rethinking Political Institutions: The Art of the State (Ian Shapiro,
Stephen Skowronek, and Daniel Galvin, eds., New York University Press,
“Interpretation in Legislatures and Courts: Incentives and Institutional
Design,” in The Least Examined Branch: The Role of Legislatures in the
Constitutional State (Richard W. Bauman and Tsvi Kahana eds. 2006).
Reprinted with permission of the publisher, Cambridge University Press
“Interpreting Constitutions Comparatively: Some Cautionary Notes, with
Reference to Affirmative Action,” 36 Connecticut Law Review 649
“Judicial Activism or Restraint in a Section 33 World,” 52 University of
Toronto Law Journal 89 (2002). © University of Toronto Press Incorpo-
rated 2003. All rights reserved.
“New Forms of Judicial Review and the Persistence of Rights- and
Democracy-Based Worries,” 38 Wake Forest Law Review 813 (2003).
“Social Welfare Rights and the Forms of Judicial Review,” 82 Texas Law
Review 1895 (2004). Reprinted with permission of the publisher, Texas
Law Review © 2004.