Susan Bandes
Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
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.
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...
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 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...
Almost half of the states in the country have made it harder to get an abortion since the Supreme Court in 2022 overturned the federal right to get an...
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...
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...
We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...
