Samuel Adams, the Massachusetts patriot, was not enthusiastic about the newly proposed Constitution. He particularly did not like its introductory phrase, “We the People of the United States.” The phrase signaled a departure from the Articles of Confederation that the Constitution was to replace. The constituting authorities for the Articles… Read More »
Under the Articles of Confederation, state legislatures often formally instructed their federal representatives on particular votes, continuing a practice common in England and the American colonies. This occurred, to some later scholars’ dismay, even after James Madison argued that the Senate was designed to provide “a due sense of national… Read More »
As the new President faces a whole host of civil liberties issues upon taking office, one that looms large is communications privacy. Still unresolved from the previous administration are the legality of President Bush’s so-called Terrorist Surveillance Program (the National Security Agency surveillance program code-named “Stellar Wind” that was first… Read More »
The American Constitution, we are told, is a “godless” document. More precisely, it is an agnostic document; it nowhere makes any reference, whether affirming or denying, to God. So what?
Some scholars see in this agnostic quality a constitutional mandate for governmental secularism; indeed, they may appeal directly to the agnostic… Read More »
This is a response to James McDonald’s student Note, Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar in Volume 58 of the Duke Law Journal. Click here for the Note.
Although the Duke Law Journal’s article, Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar, reflects a lot of effort… Read More »
“[W]hen it comes to using race to assign children to schools,” Chief Justice Roberts pronounced in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), “history will be heard.” History indeed earned star billing in this controversial decision in which a five-Justice majority struck down race-based school… Read More »
This Article tells the story of how shifts in state sentencing policy collided with shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. It also proposes a simple solution to the problem.
Modern habeas law is predicated on the assumption that a state prisoner seeking habeas… Read More »
Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
The Legal Workshop features… Read More »