The Court After Scalia

The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court

Comparing and Contrasting the Constitutional Approaches of Justice Scalia and Justice Breyer Through the Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association

Justice Scalia ’ s Originalism : Original or Post - New Deal ?

The Cato Institute’s Center for Constitutional Studies is pleased to publish this 15th volume of the Cato Supreme Court Review, an annual critique of the Court’s most important decisions from the term just ended plus a look at the term ahead—all from a classical liberal, Madisonian perspective, grounded in the nation’s first principles, liberty through limited government. We release this volume...

Abortion politics: writing for an audience of one.

"Spin doctors," as they came to be known in the last presidential campaign, practice a not-so-fine art of press manipulation. The goal is generally to make bad news hurt less (e.g., "third in Iowa, my God, we're delighted; it's a springboard for New Hampshire!") and good news help more (e.g., "the real test will be in... [pick state where you've already spent twice as much as the opposition]")....

The Consistency of Judicial Choice

Despite the fact that judicial scholars have developed reasonably well-specified models of the voting behavior of U.S. Supreme Court justices, little attention has been paid to influences on the consistency of the choices justices make. Aside from the methodological problems associated with failure to account for heteroskedasticity with regard to the justices’ voting behavior, I argue that vari...