NOTE: The fourth Constitutional epoch and its concerns are too new to have found their way into monographs. The scholarly work so far is confined—if that is the term for the copious production—to essays, as is this bibliography. It is not intended to be comprehensive, merely suggestive of the lines of argument currently carried out in the periodical literature.
Avi Ben-Bassat and Momi Dahan, “Social Rights in the Constitution and in Practice,” http://ssrn.com/abstraction=407260.
Avinash Ashutosh Bhagwat, “The Test That Ate Everything: Intermediate Scrutiny in First Amendment Jurisprudence,” http://ssrn.com/abstract=887566.
Reynaud Neil Daniels, “Counter-Majoritarian Difficulty in South African Constitutional Law,” http://law.bepress.com/expresso/eps/1363.
Michael Steven Green, “Legal Revolutions: Six Mistakes about Discontinuity in the Legal Order,” http://ssrn.com/abstract=881073.
Steven J. Heyman, “Ideological Conflict and the First Amendment,” http://ssrn.com/ abstract=436985.
Kurt Lash, summarizing his article, “The Constitutional Convention of 1937: The Original Meaning of the New Jurisprudential Deal,” http://ssrn.com/abstract=264214.
David D. Meyer, “Lochner Redeemed: Family Privacy After Troxel and Carhart,” http:// ssrn.com/abstract=288816.