Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Donald Trump, a president who has proven himself to be highly transactional and keen on reducing debt, may find a potentially trillion-dollar foreign...
Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...
Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...
A politically powerful opponent of birthright citizenship railed that the United States cannot “give up the right” to “expel” dangerous “trespassers”...
Curtis Bradley’s new book on Historical Gloss and Foreign Affairs is the definitive account of a mode of constitutional interpretation that has proven...
Individual duties—like the responsibility to defend the country, pay taxes, or obey the law—are frequently included in national constitutions, but...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
Extraordinary times beget extraordinary measures. Multiple national emergencies during the past quarter century have generated a pitched debate as to...
We introduce altruism into standard models of bargaining and explore its implications for the Coase Theorem. A strict interpretation of the Coase...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...
For the Balkinization Symposium on Neil S. Siegel, The Collective-Action Constitution (Oxford University Press, 2024)
Neil Siegel has written a grand...
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...
The history of public policy is littered with failures to solve large-scale social problems using interventions derived from behavioral science...
In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...
