Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
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...
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...
The United States is undergoing a legal realignment, in that salient legal views recently associated with the right are now being espoused by the left...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit...
Suddenly, the term “civil war” is everywhere, from state and federal immigration battles to abortion access to environmental regulation to election...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
