The Yale Law Journal

Mary Sarah Bilder


Why We Have Judicial Review

Mary Sarah Bilder

Judicial review in the United States is controversial largely because, as Daniel Farber and Suzanna Sherry explain , there exists among the public “a sense of innate conflict between democracy and judicial review.” The standard account of judicial review, which describes the practice as invented…


The Corporate Origins of Judicial Review

Mary Sarah Bilder

116 Yale L.J. 502 (2006)

This Article argues that the origins of judicial review lie in corporate law. Diverging from standard historical accounts that locate the origins in theories of fundamental law or in the American structure of government, the Article argues that judicial review was the continu…