State v. Wayfair Inc.
The U.S. Supreme Court has long interpreted the dormant commerce clause1×1. The dormant commerce clause is the “negative implication” derived from the Commerce Clause establishing that states may not...
View ArticleAbstention in the Time of Ferguson
Of the roughly 450,000 Americans who are in local jails awaiting trial, many are there because they are poor. When people with economic resources are arrested, they can sometimes pay bail or fines and...
View ArticleTrump v. Hawaii
As a candidate for President of the United States, Donald Trump “call[ed] for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what...
View ArticleOil States Energy Services, LLC v. Greene’s Energy Group, LLC
Article III protects “[t]he judicial Power of the United States” from political influence by guaranteeing lifetime salaries and tenure to judges who exercise that power,606×606. U.S. Const. art. III,...
View ArticleLucia v. SEC
Perhaps one of the most durable effects of the Trump Administration will be its heretofore successful attempt to remake the federal judiciary. In its first two years, the Administration has appointed...
View ArticleRights as Trumps?
The full text of this Foreword may be found by clicking the PDF link to the left. Rights are more than mere interests, but they are not absolute. And so two competing frames have emerged for...
View ArticleThe Right to Be Heard from Immigration Prisons: Locating a Right of Access to...
Introduction The United States government holds 39,000 people in immigration detention every day.312×312. Tara Tidwell Cullen, ICE Released Its Most Comprehensive Immigration Detention Data Yet. It’s...
View ArticleTo End a (Republican) Presidency
The full text of this Book Review may be found by clicking on the PDF link to the left. I. The Pernicious Problem of Partisanship Alexander Hamilton foresaw it perfectly: impeachments of Presidents are...
View ArticleThe “Guarantee” Clause
Article IV’s command that “the United States shall guarantee to every State in this Union a Republican Form of Government” stands as one of the few remaining lacunae in the judicially enforced...
View ArticleRodriguez v. Swartz
Congress has never provided a statutory damages remedy for the constitutional torts of federal officials,145×145. Bernard W. Bell, Reexamining Bivens After Ziglar v. Abbasi, 9 ConLawNOW 77, 77–78...
View ArticleOf Synchronicity and Supreme Law
The full text of this Article may be found by clicking on the PDF link to the left. The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies...
View ArticleEqual Dignity — Heeding Its Call
Given Justice Kennedy’s role as the swing vote on the Supreme Court, his departure was undoubtedly momentous. And as happens with the departure of important figures, commentators were eager to define...
View ArticleSex and the Schoolhouse
The full text of this Book Review may be found by clicking on the PDF link to the left. Introduction At a 2015 speech at Catholic University’s Columbus School of Law, then-Judge Brett Kavanaugh...
View ArticleSegregation by Citizenship
The full text of this Article may be found by clicking on the PDF link to the left. For centuries, prisoners in the United States were housed together regardless of their citizenship status. That...
View ArticleRights as Trumps of What?
The full text of this Response may also be found by clicking on the PDF link to the left. In the archetypal U.S. rights case, a litigant asks a court to block, invalidate, or remedy a government action...
View ArticleCity of El Cenizo v. Texas
Freedom of speech is the “indispensable condition” of “nearly every other form of freedom.”438×438. Palko v. Connecticut, 302 U.S. 319, 327 (1937), overruled on other grounds by Benton v. Maryland, 395...
View ArticleAssociation for Accessible Medicines v. Frosh
Price gouging of generic drugs has incited public anger and new legislation. While federal bills remain mired in congressional committees,364×364. See, e.g., S. 3754, 115th Cong. (2018). some state...
View ArticleFederal Indian Law as Paradigm Within Public Law
The full text of this Article may be found by clicking on the PDF link to the left. U.S. public law has long taken slavery and Jim Crow segregation as a paradigm case through which to understand our...
View ArticleCorporate Personhood v. Corporate Statehood
The full text of this Book Review may be found by clicking on the PDF link to the left. In 2011, at the Iowa State Fair, presidential candidate Mitt Romney gave a pitch for why fairgoers should...
View ArticleYoung v. Hawaii
In District of Columbia v. Heller,72×72. 554 U.S. 570 (2008). the U.S. Supreme Court definitively proclaimed that the Second Amendment guarantees a core individual right to keep handguns within the...
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