Vol. 45 No. 1 (2011)

Published: 2011-01-01

Full Issue

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Symposium

Introduction: “What If” Counterfactuals in Constitutional History

Gerard N. Magliocca

1-2
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Articles

The Counterfactual that Came to Pass: What if the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus?

Amanda L. Tyler

3-20
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What If Kelo v. City of New London Had Gone the Other Way?

Ilya Somin

21-39
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What If Madison Had Won? Imagining a Constitutional World of Legislative Supremacy

Alison L. Lacroix

40-59
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What If Slaughter-House Had Been Decided Differently?

Kermit Roosevelt III

60-88
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What If Daniel Ellsberg Hadn’t Bothered?

Heidi Kitrosser

89-129
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What If Chief Justice Fred Vinson Had Not Died of a Heart Attack In 1953?: Implications for Brown and Beyond

Carlton F.W. Larson

130-157
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The Federal Estate Tax and the National Debt: Why the Debt Forces a Defense of the Tax

Matthew B. Gaudin

158-190
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United States V. Alvarez: What Restrictions Does the First Amendment Impose on Lawmakers Who Wish to Regulate False Factual Speech?

Jared Paul Haller

191-215
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Lessons from Avent: Judicial Estoppel and Duty to Defend In No-Injury Product Liability Litigation

Lara Langeneckert

216-247
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Park51 as a Case Study: Testing the Religious Land Use and Institutionalized Persons Act

Alex R. Whitted

248-274
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