Cass Sunstein's quot;Radicals in Robes: Why Extreme Right-Wing Courts are Wrong for Americaquot; and James Fleming's quot;Securing Constitutional Democracy: The Case of Autonomy,quot; share a great deal: they reflect a left liberal communitarian vision of what the U.S. Constitution would best be...

Jason Solomon's very interesting article Judging Plaintiffs argues that neither efficient-deterrence theories nor corrective justice theories adequately explain the existence of rules that bar or limit recovery by a tort victim on the ground that she failed to take certain pre-tort steps to...