Constitutional Perils: Real and Otherwise

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

Constitutional Economics/Constitutional Politics

Why does the treatment of American constitutional politics presented in We the People depart so radically from models of constitutional deliberation developed in the type of constitutional economics pioneered by James Buchanan and Gordon Tullock? The paper defines three premises that account for the divergence, and concludes by proposing an inquiry into constitutional design that requires insig...

The real constitutional problem with the Affordable Care Act.

Biometric perils and patches

Biometrics authentication o,ers many advantages over conventional authentication systems that rely on possessions or special knowledge. With conventional technology, often the mere possession of an employee ID card is proof of ID, while a password potentially can be used by large groups of colleagues for long times without change. The fact that biometrics authentication is non-repudiable (hard ...

Relief: Pictorial and otherwise

Surfaces play an important role in visual perception. They are perceived as ‘(perceptual) reliefs’. that are surfaces in 2 + 1D perceptual space, that is the product space of the 2D visual field and the ID ‘depth dimension’. It is in many respects irrelevant whether the observer views a true 3D scene or a flat (2D) picture of a scene. In both cases, the percepts are reliefs in 2 + ID perceptual...