Constitution Making in Eastern Europe

Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...

National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to...

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...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

The recently-announced $50 billion loan package from the G7 nations to Ukraine fell short of the $300 billion or so hoped for by the designers of its...

U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit...

Large Language Models (LLMs) have the potential to transform public international lawyering. ChatGPT and similar LLMs can do so in at least five ways...

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...

In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...

The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...

Assessing the legitimacy of any legal system is hard, but especially if the system in question is the volatile and contested field of international...

The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...