Litigating imperfect solutions: state constitutional claims in federal court
Michael T. Morley
Michael T. Morley[1] Introduction It is somewhat ironic that a sitting federal judge, Jeffrey S. Sutton, would write a book challenging the standard model of American constitutional law, which presents life-tenured federal judges enforcing the U.S. Constitution as the primary defenders of individual liberty against racist states, craven elected officials, overzealous police, and heartless bureaucrats.[2]…
Constituting a people: the challenge of the Indian founding
Cheryl Saunders
Cheryl Saunders[1] A mark of a very good book is that it makes the reader think, think differently, and reflect on the application of the insights that it offers in other, broadly comparable, contexts. India’s Founding Moment, by Madhav Khosla, had this effect on me. I recommend it to anyone with an interest in India,…
Sadomasochistic judging
David Schraub
David Schraub[1] What makes a judicial decision legitimate? Common answers include fidelity to legal texts and precedent, coherence to natural or intersubjectively agreed upon norms, or endorsement from democratically accountable actors. But while these criteria each have strong theoretical appeal, their practical usefulness as a means of validating any contested judicial decision is often limited.…
