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.
Following the Supreme Court’s momentous decision last term in Loper Bright Enterprises v. Raimondo, much of the scholarly discussion has focused on...
Nationwide injunctions keep the Trump administration from violating federal law during the time it would take the US Supreme Court to intervene.
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 is so intensely criticized that, in some quarters, it is at risk of being included in the anti-canon. It is alleged to be...
Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...
The Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion...
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”...
CC/Devas (Mauritius) Limited v. Antrix Corp.: International Arbitration and Constitutional Avoidance
I suspect that CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. caught the eye of the Supreme Court because of an interesting constitutional question...
Curtis Bradley’s new book on Historical Gloss and Foreign Affairs is the definitive account of a mode of constitutional interpretation that has proven...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
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...
Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...
