Should the law of interpretation direct judges to seek out best answers, or only permissible ones? This Article defends the latter approach. In... MORE
Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This... MORE
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general... MORE
Court reformers usually focus their attention on expanding or imposing term limits on the Supreme Court, but recent events in the lower courts are... MORE
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE
Justice Breyer’s recent manner of effectuating his retirement points out both a problem and an opportunity. The problem is that there is no settled... MORE
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
Friday’s SCOTUS ruling in Dobbs is devastating news. Yes, it denies women and girls reproductive autonomy, but it also augurs a future where no... MORE
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE
Ever since the recent leak of Supreme Court Justice Samuel Alito’s draft opinion in the Dobbs v. Jackson Women’s Health Organization case, the media’... MORE
Federal courts are often asked to issue various forms of expedited relief, including stays pending appeal. This Article explores a little examined... MORE
This Article discusses the ways in which the federal courts do and do not have equity powers. Article III courts have the judicial power, which... MORE
The Supreme Court’s leaked draft opinion in Dobbs indicates the final ruling could have far-reaching consequences beyond upending women’s right to... MORE
The Supreme Court ruled 6-3 on Thursday against a plaintiff seeking emotional distress damages for violation of certain federal anti-discrimination... MORE
The court’s reputation is teetering. Voluntary term limits could save it.
In a few months, Judge Ketanji Brown Jackson will join the Supreme Court as... MORE
Just as the Supreme Court is poised to achieve many of the stated aims of the conservative legal movement, including overturning Roe v. Wade and... MORE
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that... MORE
For two surreal days this week, I sat next to the family of Judge Ketanji Brown Jackson during hearings on her nomination to the U.S. Supreme Court.... MORE
