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...
Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...
Contrary to previous research and press accounts, we find limited evidence that persons who worked the polls in the past, including the 2020 election...
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...
The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...
The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of US political scientists, a new generation of...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Judicial reform efforts aimed at rectifying historical gender and racial inequalities understandably focus on increasing the number of women and...
Donald J. Trump appointed 234 federal judges in his first term. Trump, as is his wont, claims, with an inflated number, that he appointed a record...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...
In recent years, the federal courts have seen a plethora of lawsuits originated by states challenging federal government actions. As a result, there...
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
This Essay reports data on the impact of Bruen and its predecessor, Heller, on gun rights cases. Put mildly, the impact was substantial, not only in...
