John Brigham

In defense of the text : democracy and constitutional theory

Introduction - why constitutional theory? John Marshall and 20th century jurisprudence paradoxes of Justice Black - text, history and structure popular sovereignty, the origins of judicial review and the revival of unwritten law judicial review and modern judicial scholarship - a qustion of power judicial review and democratic theory - guardian democracy vs. representative democracy indeterminacy and constitutional theory - a critique of CLS and company.

Anti-Anti Terror: Color Coding and the Joke of “Homeland Security”*

Humor is, among other things, a form of critique in American politics. This is particularly true with regard to public policy about which we are sensitive. One aspect of the Bush anti-terror policy that was the subject of a great deal of humor was the color-coded warning system administered by the Department of Homeland Security under its first Director, Tom Ridge. This policy was the subject of so many jokes that it became an embarrassment. This article examines that situation.