John O. McGinnis
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2009
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Newspaper Articles
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October 2009
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| 1 |
Power Grabs (reviewing Harvey Silverglate’s Three Felonies a Day: How the Feds Target the Innocent) in NATIONAL REVIEW (October 5, 2009).
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September 2009
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| 2 |
The Decider: One Justice Routinely Tips the Supreme Court into a Majority. What Principles Guide His Thinking in WALL STREET JOURNAL (August 27, 2009).
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Periodical Articles
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September 2009
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| 3 |
Medellín and the Future of International Delegation in 118 YALE LAW JOURNAL 1712-1760 (2009).
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| 4 |
Losing the Law War: The Bush Administration’s Strategic Errors in 25 GEORGIA STATE UNIVERSITY LAW REVIEW 377-396 (2008).
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July 2009
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| 5 |
Original Methods Originalism: A New Theory of Interpretation and the Case Against Construction in 103 NORTHWESTERN UNIVERSITY LAW REVIEW 751-802 (2009) (Co-authored by: Michael B. Rappaport ).
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| 6 |
Reconciling Originalism and Precedent in 103 NORTHWESTERN UNIVERSITY LAW REVIEW 803-856 (2009) (Co-authored by: Michael B. Rappaport ).
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June 2009
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| 7 |
Democracy and International Human Rights Law in 84 NOTRE DAME LAW REVIEW 1739-1798 (2009) (Co-authored by: Ilya Somin ).
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April 2009
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| 8 |
Judging Facts Like Law in 25 CONSTITUTIONAL COMMENTARY 69-130 (2008) (Co-authored by: Charles W. Mulaney ).
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2008
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Newspaper Articles
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July 2008
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| 9 |
Who Will Be President? in WALL STREET JOURNAL, A13 (July 11, 2008).
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February 2008
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| 10 |
McCain and the Supreme Court in WALL STREET JOURNAL, page A14 (February 4, 2008) (Co-authored by: Steven G. Calabresi).
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Periodical Articles
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September 2008
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| 11 |
The Condorcet Case for Supermajority Rules in 16 SUPREME COURT ECONOMIC REVIEW 39-115 (2008) (Co-authored by: Michael Rappaport ).
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August 2008
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| 12 |
A Pragmatic Defense of Originalism in 31 HARVARD JOURNAL OF LAW & PUBLIC POLICY 917-935 (2008) (Co-authored by: Michael B. Rappaport).
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May 2008
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| 13 |
Original Interpretive Principles as the Core of Originalism in 24 CONSTITUTIONAL COMMENTARY 371-382 (2007) (Co-authored by: Michael Rappaport ).
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February 2008
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| 14 |
The Federalist Approach to the First Amendment in 31 HARVARD JOURNAL OF LAW & PUBLIC POLICY 127-132 (2008).
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SSRN
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April 2008
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| 15 |
The Desirable Constitution and the Case for Originalism.
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2007
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Newspaper Articles
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April 2007
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book review
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| 16 |
Coming to Order: How the Supreme Court Really Works in WALL STREET JOURNAL (March 15, 2007).
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Periodical Articles
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December 2007
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| 17 |
Executive Power in the War on Terror in 146 POLICY REVIEW 63-75 (December 2007/January 2008).
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| 18 |
It’s the Spending, Stupid in NATIONAL REVIEW ONLINE (December 19, 2007) (Co-authored by: Michael B. Rappaport).
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June 2007
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| 19 |
Originalism and Supermajoritarianism: Defending the Nexus in 102 NORTHWESTERN UNIVERSITY LAW REVIEW COLLOQUY 18 (2007) (Co-authored by: Michael Rappaport ).
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May 2007
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| 20 |
Majority and Supermajority Rules: Three Views of the Capitol in 85 TEXAS LAW REVIEW 1115-1183 (2007).
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| 21 |
Should International Law Be Part of Our Law? in 59 STANFORD LAW REVIEW 1175-1247 (2007) (Co-authored by: Ilya Somin ).
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March 2007
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| 22 |
Remarks on the Installation of Mark Movsesian as Max Schmertz Distinguished Professor of Law in 35 HOFSTRA LAW REVIEW 31-36 (2006).
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| 23 |
The Comparative Disadvantage of Customary International Law in 30 HARVARD JOURNAL OF LAW & PUBLIC POLICY 7-14 (2006).
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January 2007
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| 24 |
A Pragmatic Defense of Originalism in 2007 NORTHWESTERN UNIVERSITY LAW REVIEW COLLOQUY 1 (2007) (Co-authored by: Michael B. Rappaport ).
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| 25 |
A Pragmatic Defense of Originalism in 101 NORTHWESTERN UNIVERSITY LAW REVIEW 383-397 (2007) (Co-authored by: Michael B. Rappaport ).
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2006
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Newspaper Articles
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November 2006
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| 26 |
What Happens on Election Day Day (reviewing Alan Wolfe’s Does Democracy Still Work and Sanford Levinson’s Our Undemocratic Constitution) in WALL STREET JOURNAL (November 7, 2006).
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January 2006
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book review
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| 27 |
A Justice Is Weighed in the Balance in WALL STREET JOURNAL, page D8 (January 31, 2006).
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Periodical Articles
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September 2006
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| 28 |
Contemporary Foreign and International Law in Constitutional Construction in 69 ALBANY LAW REVIEW 801-808 (2006).
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July 2006
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| 29 |
The Judicial Filibuster, The Median Senator, and the Countermajoritarian Difficulty in 2005 SUPREME COURT REVIEW 257-306 (Co-authored by: Michael Rappaport).
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June 2006
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| 30 |
Age of the Empirical in 137 POLICY REVIEW 47-58 (June/July 2006).
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January 2006
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| 31 |
Foreign to Our Constitution in 100 NORTHWESTERN UNIVERSITY LAW REVIEW 303-329 (2006).
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2005
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Contributions to Books etc.
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November 2005
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| 32 |
The Appointments Clause in The Heritage Guide to the United States Constitution, edited by Edwin Meese, David F. Forte, and Matthew Spalding (Regnery Pub., Heritage Foundation, 2005).
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Newspaper Articles
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July 2005
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book review
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| 33 |
At Law School, Unstrict Scrutiny in WALL STREET JOURNAL, page D10 (July 27, 2005) .
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Periodical Articles
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October 2005
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| 34 |
The Patterns and Implications of Political Contributions by Elite Law School Faculty in 93 GEORGETOWN LAW JOURNAL 1167-1212 (2005) (Co-authored by: Matthew A. Schwartz, and Benjamin Tisdell).
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roundtable discussion
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| 35 |
Judges in the Culture Wars Crossfire in ABA JOURNAL (October 2005) (Co-authored by: Erwin Chemerinsky, Christine Durham, Tom Feeney, Michael Tigar, and Robert Utter) .
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March 2005
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| 36 |
Supermajority Rules and the Judicial Confirmation Process in 26 CARDOZO LAW REVIEW 543-578 (2005) (Co-authored by: Michael B. Rappaport).
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February 2005
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| 37 |
The World Trade Organization as a Structure of Liberty in 28 HARVARD JOURNAL OF LAW & PUBLIC POLICY 81-88 (2004).
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| 38 |
Federalism vs. States' Rights: A Defense of Judicial Review in a Federal System in 99 NORTHWESTERN UNIVERSITY LAW REVIEW 89-130 (2004) (Co-authored by: Ilya Somin).
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January 2005
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| 39 |
Individualism and World Order in THE NATIONAL INTEREST 41-51 (Winter 2004/05).
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| 40 |
Lawrence v. Texas and Judicial Hubris in 102 MICHIGAN LAW REVIEW 1555-1614 (2004) (Co-authored by: Nelson Lund).
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2004
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Contributions to Books etc.
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July 2004
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| 41 |
The Political Economy of International Antitrust Harmonization in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy, edited by Richard A. Epstein and Michael S. Greve (The AEI Press, 2004).
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June 2004
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| 42 |
Calvin Coolidge in Presidential Leadership, edited by James Taranto and Leonard Leo (Free Press, 2004).
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Newspaper Articles
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November 2004
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book review
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| 43 |
More Than a Penny for Their Thoughts (reviewing Richard Vedder's Going Broke by Degrees) in WALL STREET JOURNAL (November 17, 2004) .
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August 2004
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| 44 |
Whose Constitution Is It, Anyway? Judicial Review Has Its Limits in WALL STREET JOURNAL (August 11, 2004).
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February 2004
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| 45 |
Hey, Big Spenders: Here's a Law That Could Stop You! in WALL STREET JOURNAL (February 3, 2004) (Co-authored by: Michael B. Rappaport).
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Periodical Articles
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December 2004
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| 46 |
Individualism and World Order in NATIONAL INTEREST (Winter 2004-2005).
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August 2004
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| 47 |
Response: Against Global Governance in the WTO in 45 HARVARD INTERNATIONAL LAW JOURNAL 353-365 (2004) (Co-authored by: Mark L. Movsesian).
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July 2004
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| 48 |
The World Trade Constitution (2004) (Co-authored by: Mark Movsesian) .
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April 2004
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| 49 |
Decentralizing Constitutional Provisions Versus Judicial Oligarchy: A Reply to Professor Koppelman in 20 CONSTITUTIONAL COMMENTARY 39-59 (2003).
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March 2004
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| 50 |
The Limits of International Law in Protecting Dignity in 27 HARVARD JOURNAL OF LAW & PUBLIC POLICY 137-144 (2003).
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January 2004
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| 51 |
The Political Economy of International Antitrust Harmonization in 45 WILLIAM AND MARY LAW REVIEW 549-594 (2003).
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2003
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Periodical Articles
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December 2003
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| 52 |
The Appropriate Hierarchy of Global Multilateralism and Customary International Law: The Example of the WTO in 44 VIRGINIA JOURNAL OF INTERNATIONAL LAW 229-284 (2003).
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July 2003
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| 53 |
From Bad to Worse: Affirmative Action and Prescription Drugs and What They Have to Do With Each Other in NATIONAL REVIEW (July 28, 2003).
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June 2003
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| 54 |
Lawyers As the Enemies of Truth in 26 HARVARD JOURNAL OF LAW & PUBLIC POLICY 231-234 (2003).
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| 55 |
Continuity and Coherence in the Rehnquist Court in 47 SAINT LOUIS UNIVERSITY LAW JOURNAL 875-887 (2003).
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| 56 |
Rehnquist's Court Renewed Civic Virtues in TIME MAGAZINE (June 30, 2003).
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| 57 |
The Senator and the Chief Justice in NATIONAL REVIEW ONLINE (June 17, 2003).
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May 2003
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| 58 |
Symmetric Entrenchment: A Constitutional and Normative Theory in 89 VIRGINIA LAW REVIEW 385-445 (2003) (Co-authored by: Michael B. Rappaport).
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2002
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Newspaper Articles
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December 2002
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op-ed piece
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| 59 |
Now is the Time to Retool in NATIONAL LAW JOURNAL, A12 (December 16, 2002) (Co-authored by: Michael B. Rappaport) .
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Periodical Articles
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April 2002
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| 60 |
Our Supermajoritarian Constitution in 80 TEXAS LAW REVIEW 703-806 (2002) (Co-authored by: Michael B. Rappaport).
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March 2002
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| 61 |
Reviving Tocqueville's America: The Rehnquist Court’s Jurisprudence of Social Discovery in 90 CALIFORNIA LAW REVIEW 485-571 (2002).
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| 62 |
Presidential Review as Constitutional Restoration in 51 DUKE LAW JOURNAL 901-961 (2001).
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| 63 |
Popular Sovereignty and the Electoral College in 29 FLORIDA STATE UNIVERSITY LAW REVIEW 995-1004 (2001).
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| 64 |
The Symbiosis of Constitutionalism and Technology in 25 HARVARD JOURNAL OF LAW & PUBLIC POLICY 3-14 (2001).
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Access Restricted to Northwestern Law Community
