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“Substance and Method in the Year 2000,” 28 Pepperdine L. Rev. 601 (2001)


The 1999 Term featured an extraordinary array of interesting constitutional decisions across a broad range of substantive issues-more significant statements and restatements, perhaps, than in any Term of the last decade. However, no single case or set of cases towers above all others in significance. To do justice to a Term of this character, it seems best to tour several legal neighborhoods to get some sense of the overall landscape. The seven cases I have selected for commentary are, I think, broadly representative of the current Court's output, though they are not a wholly random sample. Rather, I have tried to identify some ofthe cases where documentarian and doctrinalist approaches might diverge most clearly, so that we may best compare their respective insights and consequences. Given my particular assignment for this forum, I will direct my comments first to issues of sovereign immunity; and I will then proceed to consider violence against women, late-term abortions, religious liberty, and unenumerated rights.

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