Jedediah Purdy
Review
The Original Theory of Constitutionalism
The conflict between various versions of “originalism” and “living constitutionalism” has long defined the landscape of constitutional theory and practice. In this Review of Richard Tuck’s The Sleeping Sovereign, David Grewal and Jedediah Purdy adapt the sovereignty-government distinction at the heart of the theory of the modern democratic state.
Jan 25, 2018
Article
The Politics of Nature: Climate Change, Environmental Law, and Democracy
119 Yale L.J. 1122 (2010). Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests...
Mar 27, 2010