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 judges and piles of dusty law books. For many practicing lawyers and law . . . . Continue Reading »

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 religion in general. For instance, in a colorful case involving a city ordinance restricting the practice of . . . . Continue Reading »

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 are too often “political” or “unprincipled” or “lawless.” The terms of the . . . . Continue Reading »