Featured Article

.. Featured Article ..

How Judicial Review Can Help Empower People to Vote with Their Feet

Ilya Somin

March 1, 2022

For decades, critics of judicial review have argued that it inhibits the “will of the people,” as expressed through laws and regulations enacted by democratically elected officials. Thus, they argue, judicial review should be used sparingly, or perhaps even not at all. . .

.. Recent Articles ..

Recent Articles

Majoritarian Judicial Review: Deference and the Political Construction of Judicial Power
A pair of nested questions frames this symposium. First, does the “Will of the People” exist and if so, to what extent?And second, what does the answer to that question have to say for judicial deference to the political branches on questions of constitutionality? This Essay focuses on the second. .
Joseph Daniel Ura
Defending the Weak Will of the People: An Economic Perspective on Collective Will in Democratic Societies
The “will of the people,” as it is commonly understood, does not exist. There is simply too much difference between people—and too much danger in overlooking that difference—to justify a belief that the actions of a legislature could reflect such a will. However ...
Jayme Lemke & Virgil Henry Storr
Courts as Auditors of Legislation?
Legal theorists have long pondered the normative question of how laws ought to be made. The putative sources of law have varied greatly across geography and human history. Some legal systems identify lawmaking with political deliberation, such as legislation, whereas others have proceeded by . . . .
Giampaolo Frezza, Francesco Parisi, & Daniel Pi
How Judicial Review Can Help Empower People to Vote with Their Feet
For decades, critics of judicial review have argued that it inhibits the “will of the people,” as expressed through laws and regulations enacted by democratically elected officials. Thus, they argue, judicial review should be used sparingly, or perhaps even not at all. . .

Announcements

George Mason Law Review is pleased to share that our article, SSOs, FRAND, and Antitrust: Lessons from the Economics of Incomplete Contracts, written by Professor Joshua Wright of George Mason University Antonin Scalia Law School, has been cited by the Ninth Circuit Court of Appeals in its recent opinion in FTC v. Qualcomm Inc.

• August 11, 2020

George Mason Law Review is excited to share that Supreme Court Justice Clarence Thomas cited The Jurisprudence of the Second and Fourteenth Amendments in his dissent from the denial of certiorari in Rogers v. Grewal.

• July 15, 2020