This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.

In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, ...

Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

I argue that the Gompers v. Buck's Stove episode - if not the text of the Supreme Court's opinion in the Buck's Stove case itself - marked a major developmental moment in the history and politics of the freedom of speech.

This review essay on Justice Breyer's quot;Active Liberty: Interpreting Our Democratic Constitutionquot; considers Justice Breyer's approach to constitutional interpretation within the broader framework of his jurisprudential thought as ...

These pragmatic arguments, in turn, have been challenged by originalists, who argue that such an interpretive approach is inappropriate for judges who are charged with construing the constitutional text in light of its original meaning or ...

Chief among these is the way in which speech rights have been simultaneously expanded and contracted - creating what I call quot;rights configurationsquot; - in ways that serve not to limit state, but to enforce its substantive managerial ...