Jessica Asbridge ,
Shelley Ross Saxer
Filed September 2026.
Tradition is most well known today for starring in blockbuster Supreme Court cases about controversial social issues, notably abortion and firearms...
The Buss family’s 47-year ownership of the Los Angeles Lakers, 17-time NBA champions, could soon come to an end despite their patriarch’s clear wishes...
Embedded in a recently decided Supreme Court case about Cuba and the Foreign Sovereign Immunities Act—Exxon Mobil v. Cimex—was a debate about the...
The Supreme Court’s turn to “history and tradition” raises the critical question of what to do about “bad traditions.” If the customs of yore were...
In recent years, “tradition” has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in...
On Friday, the archconservative U.S. Court of Appeals for the 5th Circuit issued a stunning nationwide injunction that directly affects one-fourth of...
In the four years since the Supreme Court decided Dobbs, cases involving abortion have come before it repeatedly. Each time, the court has ducked the...
The U.S. Supreme Court has decided that patients can continue to get mifepristone, one of the two drugs used for medication abortion, via telehealth...
In earlier work, I discussed historical understandings of the kinds of disputes that Congress can authorize nonjudicial actors to resolve and the...
After an impatient wait, the U.S. Supreme Court finally handed down its opinion in Learning Resources, Inc. v. Trump, the tariffs case, on Friday, Feb...
Under President Joe Biden, the U. S. Attorney General appointed a special federal prosecutor to investigate former President Donald Trump’s actions...
The Supreme Court’s current approach to religious freedom reflects an asymmetric view of religious motivation. Under the Free Exercise Clause, the...
The United States imprisons about 1.8 million people—more than any other nation. Roughly a quarter of those behind bars have not been convicted; they...
Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
Filed Jul 27 2026
The Environmental Law and Community Engagement Clinic at UVA Law filed this amicus brief on behalf of Members of Congress, Jared...
Filed August 3, 2026
The Environmental Law and Community Engagement Clinic at UVA Law filed this amicus brief on behalf of Members of the Virginia...
Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.
On Nov. 5...
