Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...
Over two centuries, UVA Law evolved from a regional, segregated law school into a nationally recognized leader in legal education. As this collection...
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...
Although research suggests that countries' colonial experiences are associated with a range of contemporary outcomes, the link between colonial...
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...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
It is hard to imagine an area of constitutional law that has changed more in Judge Wilkinson's time on the bench than the First Amendment. When Judge...
Before he became editor of the Norfolk Virginian-Pilot, and before he served as Deputy Assistant Attorney General of the United States, and before he...
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...
