The Legal Theory Bookworm recommends Constitutionalism and Its Discontents by Mark Tushnet and Bojan Bugarič. Here is a description: In the early twenty-first century, constitutionalism confronts numerous pressures and critiques.  Some prominent critics are concerned that constitutionalism’s modern form, in which high courts play a large role, limits popular self-governance. By committing their nations to detailed social and economic policies―from neoliberal requirements for balanced budgets to constitutionalized social welfare and environmental rights―many modern constitutions might make promises they cannot keep and be unduly rigid in the face of changing social, economic, and environmental conditions.

Illan Rua Wall (University of Galway - School of Law) has posted ‘The Critical (Legal) Praxis of Costas Douzinas’ on SSRN. Here is the abstract: Douzinas’ work is made up of shards of critique that lacerate structures of power, legal orders, political regimes and economic apparatuses. Piecing these shards together does not give us a complete theory, but this chapter argues that it does contain a singular critical praxis.

The U.S. Senate and the nation's history might different if the Constitutional Convention had structured the chamber differently.

Federal judges are people too, albeit with life tenure and substantial governmental power. Because federal judges are people too, they will ...

William E. Forbath (University of Texas at Austin School of Law) and Joseph Fishkin (UCLA School of Law) have posted Anti-Oligarchy, Anti-Authoritarianism, The Constitution, and the Court on SSRN. Here is the abstract: In the 1930s, like today, our nation faced a crisis of oligarchy: too much wealth and political power concentrated in too few hands. Like today’s liberals and progressives, the New Dealers aimed to enact social and economic reforms that would ensure a much broader distribution of wealth and power, but they faced a hostile, right-wing Supreme Court that would certainly thwart such reforms.

YouTube video by Mikis Theodorakis - Topic

From two acclaimed legal scholars, a new history of the Supreme Court that overturns our most basic assumptions about its role in our democracy, showing how it seized the power it now wields., Suprema...

Sam Moyn refers to the con law industrial complex. It deserves a history (updating my very old “project of the Harvard Forewords “). My going-in hypothesis would be that it’s now like the fossil-fuel ...

Sometimes scholarship isn’t scholarship.