Vol. 60 No. 4, February 2008

Index

• A textual-historical theory of the Ninth Amendment.
• Kurt Lash's majoritarian difficulty: a response to a textual-historical theory of the Ninth Amendment.
• On federalism, freedom, and the founders' view of retained rights: a reply to Randy Barnett.
• Ex parte Young.
• The surprisingly stronger case for the legality of the NSA surveillance program: the FDR precedent.
• Terrorism and the convergence of criminal and military detention models.
• The Constitution and the rights not to procreate.
• Privatization and the law and economics of political advocacy.