Volume 2010 – Issue 3

Rebecca L. Brown 2010 Mich. St. L. Rev. 569 | Download PDF | Westlaw

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Neil S. Siegel 2010 Mich. St. L. Rev. 583 | Download PDF | Westlaw

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Lawrence B. Solum 2010 Mich. St. L. Rev. 597 | Download PDF | Westlaw

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William J. Novak 2010 Mich. St. L. Rev. 623 | Download PDF | Westlaw

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Edward A. Purcell, Jr. Coming from a professor of constitutional law, The Will of the People is somewhat unusual, some might even say “radical.” “Great” cases abound, but they are treated as “great” not because they are monuments to constitutional principles but because they were targets of public outcry.  The book’s focus, moreover, is not [...]

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Clifford J. Carrubba Barry Friedman provides a compelling account of how public opinion influences the shape and direction of American Law by influencing the decisions of the Supreme Court of the United States.  Barry covers the Court from its inception at the Constitutional Convention through the multiple periods of the Rehnquist Court.  This relationship between [...]

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Georg Vanberg The Will of the People is an impressive achievement.  Barry Friedman offers a provocative history of the U.S. Supreme Court’s jurisprudence, informed by a wealth of historical detail and a wide array of sources.  The book sheds new light on well-known cases and episodes of American political development.  Moreover, it does so without [...]

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Anna Harvey The historical narrative of Barry Friedman’s The Will of the People is strongly suggestive of a Supreme Court that responds to majoritarian preferences.  Friedman’s narrative, however, leaves open the question of the source of this responsiveness.  An analysis of the Court’s decisions in cases involving the constitutional review of federal statutes from the [...]

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Kevin T. McGuire Barry Friedman’s The Will of the People offers one of the most probing and richly-detailed assessments of the U.S. Supreme Court’s responsiveness to public opinion.  Despite making a highly credible case, the book does not come to terms with some basic requirements of effective systematic analysis.  Evaluating the book as a political [...]

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