Dispatches from the Other Side of Development
Professor K-Sue Park's introduction to series Gentrification, Displacement, and Dispossession.
How Constitutional Norms Break Down
The article calls attention to the latent instability of constitutional norms and theorizes the structure of constitutional norm change. It argues that, under certain conditions, it will be more worrisome when norms are subtly revised than when they...
From Doctrine to Safeguards in American Constitutional Democracy
Scholars, judges, and policymakers have observed that American constitutional democracy depends on far more than the constraints imposed by judicially-interpreted formal legal arrangements. Drawing on judicial doctrine, political science, and the...
The Constitution of Our Tribal Republic
Long before there was a U.S. Constitution for the American republic, there were treaties among Indian Nations and between Indian Nations and colonial governments reflecting ideals of consultation and negotiation among self-determining peoples. Using...
Unbundling Populism
Populism is primarily defined in our public discussions by the loudest self-identifying populists active in democratic politics at the moment. Populism has therefore often been treated as a concept merging not just antiestablishment sentiments, but...
Legal or Political Checks on Apex Criminality: An Essay on Constitutional Design
The article contemplates how constitutional designers should address the problem of apex criminality, or criminal actions by those elected or appointed to high positions in a national government.