Vol. 130 No. 9 The history of law is in no small part the history of its boundaries. And the history of legal theory, or jurisprudence more narrowly,...
Vol. 128 No. 8 In challenging the Supreme Court’s newly announced method of determining the coverage — and thus the boundaries — of the First Amendment, Genevieve Lakier...
Vol. 120 No. 1 "Government by judiciary” is the traditional warning from those who seek to limit the power of the courts. Policymaking in a democracy, so the argument goes, should be left to officials more responsive to popular will than judges, who because of their comparative nonaccountability to the public should keep their policymaking to a minimum. Government by judiciary, it is said, is the antithesis of democracy.