| Contents |
Common law and Constitution : original understanding, republican synthesis, and modern transformation -- Fighting words : common law and liberalism in the American doctrine of free speech -- Religious liberty and common law : free-exercise exemptions and American courts -- Common law and constitutionalism in the abortion case -- The common law of the family and the constitutional law of the self -- Peremptory challenge : African Americans, the jury, and the constitutionalism of common law -- The judicial science of politics : or why taxation without representation is constitutional and party discipline is not -- Commerce, property, and police -- Common law, Constitution, and world order. |
