Domination and Judicial Review

The paper will tell a story about how neo-republican theory can help us explain whose decisions are, and should be, subject to judicial review.

Principle and Pragmatism in Judicial Review

This paper will argue that balancing principle and pragmatism is the perennial challenge for apex courts, and that recent cases can be explained as re-balancing after the law has gone too far in one direction or the other to be workable.