Contributions by ‘Jason Mazzone’

Jason Mazzone[1] Introduction The fortieth anniversary of John Hart Ely’s influential book, Democracy and Distrust: A Theory of Judicial Review, is a good occasion to focus less on democracy and more on distrust. Ely famously sets forth a process-based approach to judicial review, one he describes as “participation-oriented, representation-reinforcing.”[2] Under Ely’s approach, majorities are generally…

settled versus right: A Theory of precedent. By Randy J. Kozel.[1] Cambridge University Press. 2017. PP. x + 180. $99.99 (hardcover), $34.99 (paper). Jason Mazzone[2] Not all precedent is equal. Some precedents are given more weight, are harder to overturn, than are others. Super-precedents,[3] even super-duper-precedents,[4] have special status.[5] Legal academics consider them canonized;[6] judges…