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...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
The Supreme Court has explicitly linked the concept of stare decisis to the protection of judicial legitimacy. In Dobbs, Justice Alito's opinion set...
Originalism is becoming the coin of the realm at the conservative Supreme Court. Even newly appointed liberal Justice Ketanji Brown Jackson has drawn...
A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...
In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v...
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...
The modern law of personal jurisdiction in the United States is largely the product of living constitutionalism. The most important decision is Intern...
A major contribution to our understanding of the “Second Founding” that remade the United States after the Civil War, The Original Meaning of the...
Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth...
This Essay responds to Professors William Baude and Stephen Sachs’s recent article, Grounding Originalism, in which they offer replies to various...
This Essay explores the conceptual structure of the great debate about “originalism” and “living constitutionalism.” The core of the great debate is...
