Even a Dog: A Response to Professor Fallon
In Constitutionally Forbidden Legislative Intent,67×67. 130 Harv. L. Rev. 523 (2016). Professor Richard H. Fallon, Jr., persuasively argues that Supreme Court doctrine offers various, mostly...
View ArticleConstitutionally Forbidden Legislative Intent
The full text of this Article may be found by clicking on the PDF link below. In litigation under the Equal Protection, Free Exercise, Establishment, Free Speech, and dormant commerce clauses, among...
View ArticlePeruta v. County of San Diego
In light of the Supreme Court’s decision in District of Columbia v. Heller,1×1. 554 U.S. 570, 592 (2008) (holding that the Second Amendment “guarantee[s] the individual right to possess and carry...
View ArticleTerritorial Federalism
The notion of a “territorial federalism”465×465. While this Chapter is not the first piece to use the phrase “territorial federalism,” see, e.g., Jeffrey A. Redding, Slicing the American Pie:...
View ArticleIntroduction
American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands — these five localities make up what we know as the U.S. territories. These unincorporated territories...
View ArticleAmerican Samoa and the Citizenship Clause: A Study in Insular Cases Revisionism
It is now commonly observed that the meaning of “federalism” is not fixed but shifts over time to serve various ends and to encompass different conceptions of the proper relationship between the...
View ArticleHowell v. McAuliffe
In a country that remains anomalous for its pervasive disenfranchisement of convicted felons,78×78. Angela Behrens et al., Ballot Manipulation and the “Menace of Negro Domination”: Racial Threat and...
View ArticleWhitford v. Gill
Political gerrymanders predate the founding of the United States.1×1. In the early 1700s, “counties conspired to minimize the political power of the city of Philadelphia by refusing to allow it to...
View ArticleBaldwin v. Department of Defense
From a Supreme Court decision striking down male-only admissions policies at military colleges164×164. See United States v. Virginia, 518 U.S. 515 (1996). to the opening of all military positions to...
View ArticleThe Justiciability of Servicemember Suits
On May 4, 2016, Captain Nathan Michael Smith of the U.S. Army sued President Obama in the U.S. District Court for the District of Columbia.1×1. Complaint for Declaratory Relief at 1, Smith v. Obama,...
View ArticleChurches, Playgrounds, Government Dollars — and Schools?
The full text of this Comment may be found by clicking the PDF link to the left. If a state awards grants, on religiously neutral criteria, to create safer playground surfaces, it cannot exclude an...
View ArticleThe Harvard Plan That Failed Asian Americans
In November 2014, Students for Fair Admissions (SFFA) filed a complaint against Harvard College in federal district court.318×318. Complaint, Students for Fair Admissions, Inc. v. President &...
View ArticleLund v. Rowan County
The United States has a tradition of legislative prayer231×231. “Legislative prayer” refers to the practice of opening legislative sessions, whether federal, state, or local, with prayer. dating back...
View ArticleDhiab v. Trump
The First Amendment provides that “Congress shall make no law . . . abridging the freedom . . . of the press.”143×143. U.S. Const. amend. I. Because an effective press requires governmental...
View ArticleRobins v. Spokeo, Inc.
When big technology companies engage in misconduct, the primary legal redress available to their consumers is class action litigation.77×77. See, e.g., Ashley Carman, Former Lyft Driver Files Class...
View ArticleUnited States v. Sanchez-Gomez
Fundamental to the notion of criminal justice is the principle that criminal defendants are innocent until proven guilty.1×1. See, e.g., Coffin v. United States, 156 U.S. 432, 453 (1895) (“The...
View ArticleOf Ballot Boxes and Bank Accounts: Rationalizing the Jurisprudence of...
Participation in the political process comes in many forms. A few people run for office. An even smaller number spend more money than most will make in a lifetime to support their policy...
View ArticlePalakovic v. Wetzel
Today, tens of thousands of Americans with serious mental illness live in tiny concrete cells1×1. See The Liman Program, Yale Law Sch. & Ass’n of State Corr. Adm’rs, Time-in-Cell: The ASCA-Liman...
View ArticleReconstructing the Administrative State in an Era of Economic and Democratic...
The full text of this Book Review may be found by clicking on the PDF link to the left. Speaking at Yale Law School in 1938, Dean James Landis offered a powerful defense of President Franklin...
View ArticleApparent Fault
The full text of this Article may be found by clicking on the PDF link to the left. Federal substantive criminal law and constitutional remedies might seem to be distinct bodies of law. But since the...
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