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Justin Driver : Publications

Journal Articles

    "Constitutional Outliers," 81 University of Chicago Law Review 929 (2014). [CU]

    "Reactionary Rhetoric and Liberal Legal Academia," 123 Yale Law Journal 2616 (2014). [CU]

    "Supremacies and the Southern Manifesto," 92 Texas Law Review 1053 (2014). [CU]

    "Recognizing Race," 112 Columbia Law Review 404 (2012). [CU]

    "The Significance of the Frontier in American Constitutional Law," 2011 Supreme Court Review 345 (2012). [CU]

    "The Constitutional Conservatism of the Warren Court," 100 California Law Review 1101 (2012) (awarded the 2012 William Nelson Cromwell Article prize for the best article in American legal history published by an early career scholar). [CU]

    "Judicial Inconsistency as Virtue: The Case of Justice Stevens," 99 Georgetown Law Journal 1263 (2011). [CU]

    "The Consensus Constitution," 89 Texas Law Review 755 (2011). [CU]

    "Rethinking the Interest-Convergence Thesis," 105 Northwestern University Law Review 149 (2011). [CU]

    "Rules, the New Standards: Partisan Gerrymandering and Judicial Manageability After Vieth v. Jubelirer," 73 George Washington Law Review 1166 (2005). [CU]

    Note, "Note, Underenfranchisement: Black Voters and the Presidential Nomination Process", 117 Harvard Law Review 2318 (2004). [CU]

Book Sections

    "Justice Thomas and Bigger Thomas," in Fatal Fictions: Crime and Investigation in Law and Literature, Alison LaCroix, Richard H. McAdams & Martha Nussbaum eds. (Oxford University Press, 2016).

Other Publications

    "Challenging Conventional Perspectives of Burger Court, (reviewing THE BURGER COURT AND THE RISE OF THE JUDICIAL RIGHT, By Michael J. Graetz and Linda Greenhouse)," Washington Post, June 20, 2016, at p.B6. [WWW]

    "60 years later, the Southern Manifesto is as alive as ever," Los Angeles Times, March 11, 2016. [WWW]

    "Divine Justice (reviewing Bruce Allen Murphy, Scalia: A Court of One (2014))," New Republic, September 2014. [WWW]

    "Ignoble Specificities (reviewing Jack M. Balkin, Living Originalism (2011))," New Republic, April 2012. [WWW]

    "Obama's Law," New Republic, June 2011. [WWW]

    "Why the High Court is Ready for Gay Marriage," Washington Post, June 26, 2011, at p. B1, B4.

    "Robust and Wide-Open: Justice Brennan: Liberal Champion, by Seth Stern & Stephen Wermiel," New Republic, February 2011. [WWW]

    "It's Alive," New Republic, July 2010. [WWW]

    "Why Law Should Lead," New Republic, April 2010 (REVIEWING THE WILL OF THE PEOPLE, BY BARRY FRIEDMAN (reprinted in 2011 GREEN BAG ALM. 375, issue honoring exemplary legal writing)). [WWW]

    "The Stevens Myth," New Republic, April 2010. [WWW]

    "The Lawyer's Revolution," New Republic, March 2006 (reviewing A MATTER OF LAW: A MEMOIR OF STRUGGLE IN THE CAUSE OF EQUAL RIGHTS, BY ROBERT L. CARTER).

    "Indelible Marks," New Republic, November 2004 (BLACK TRIALS: CITIZENSHIP FROM THE BEGINNINGS OF SLAVERY TO THE END OF CASTE, BY MARK S. WEINER).

    "Dream Weaver," New Republic, January 2004 (reviewing HER DREAM OF DREAMS: THE RISE AND TRIUMPH OF MADAM C.J. WALKER, BY BEVERLY LOWRY).

    "Why Johnnie Can't Lead," New Republic, February 2003 (reviewing A LAWYER'S LIFE, BY JOHNNIE COCHRAN WITH DAVID FISHER).

    "Pillar of Ire," New Republic, April 2002 (reviewing AMIRI BARAKA: THE POLITICS AND ART OF A BLACK INTELLECTUAL, BY JERRY GAFIO WATTS).

    "Cambridge Diarist: Class Act: 8 Mile," New Republic, November 2002.

    "The Mirth of a Nation: Black Comedy's Reactionary Hipness," New Republic, June 2001.

    "Sports Nut: The Soles of Black Folk," Slate, April 27, 2001. [WWW]