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Common Sense and Common Law

Robert F. Nagel

Common-Law Liberty:  Rethinking American Constitutionalism.by James R. Stoner, Jr.University Press of Kansas.  208 pp. $29.95. For most people the term “common law” summons up quaint images of wigged British...

Justice Stevens’ Religion Problem

Robert F. Nagel

On many occasions the Supreme Court has declared that the religion clause of the First Amendment prohibits government from acting with the purpose of disapproving a particular religion or...

Playing Defense in Colorado

Robert F. Nagel

The long-standing debate about the legitimacy of the Supreme Court’s constitutional rulings has recently been renewed with increased intensity. Traditionally, critics of the Court have charged that its decisions...