Speech First, Inc. v. Sands
It is a longstanding constitutional principle that the First Amendment must be robustly enforced at colleges and universities, given their unique role in fostering learning and debate. Moreover,...
View ArticleMoore than Meets the I.R.C.? The Apportionment Rule’s Originalist Backstop...
Renunciation of U.S. citizenship is no trivial act. For most, it requires leaving the country, appearing before a consular or diplomatic officer, signing an oath of renunciation, paying a $2,350 fee,...
View ArticleExtrajudicial Segregation: Challenging Solitary Confinement in Immigration...
Stepping into that cell, it felt like I lost all hope. You could smell the concrete, the isolation, the loneliness. And I knew in my heart that I would die here. — Five Mualimm-ak After that first or...
View Article“A Law unto Himself”Emp. Div. v. Smith, 494 U.S. 872, 879 (1990) (quoting...
Introduction Addressing the nation in 1963, President Kennedy declared that “the right to be served in facilities which are open to the public . . . [is] an elementary right.” Over sixty years later,...
View ArticleThe Market Participant Doctrine and Forced Arbitration
The majority of private sector, nonunion workers and e-commerce transactions are subject to arbitration agreements, which require litigating disputes in private, often confidential, proceedings,...
View ArticleNon-extraterritoriality
Abstract The extraterritorial application of statutes has received a great deal of scholarly attention in recent years, but very little attention has been paid to the non-extraterritoriality of...
View ArticleThe Constrained Override: Canadian Lessons for American Judicial Review
Who gets to decide what the U.S. Constitution means? At least since the turn of the century, the Justices on the Supreme Court have made their answer clear: the courts. But a growing wave of scholars...
View ArticleIntroduction
Yeniifer Alvarez arrived in the United States from San Luis Potosí, Mexico, in 1998, when she was three years old. Her family settled in Luling, Texas, about fifty miles south of Austin. After her...
View ArticleHonoring Statutory Restraint in Conflicts Analysis
At a time when much conflicts scholarship is focused on unwarranted extensions of state power beyond state borders, Professor Carlos Vázquez’s Non-extraterritoriality makes a convincing case that a...
View ArticleK & R Contractors, LLC v. Keene
Over the past decade, the Supreme Court has bolstered the presidential removal power. But the Court’s expansion of this power has not translated to robust remedies for the regulated parties that bring...
View ArticleColindres v.United States Department of State
The refrain that noncitizen entrants to the United States ought to have taken legal routes available to them often betrays an underlying assumption that there are such paths. This assumption belies...
View ArticleThe Presumption Against Novelty in the Roberts Court’s Separation-of-Powers...
On the penultimate day of its October 2019 Term, the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, declaring that the structure of the CFPB unconstitutionally infringed...
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Bail at the Founding
Abstract How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on...
View ArticleThe Second Coming of Political Liberalism
Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit basic legal doctrines and to undo core constitutional...
View ArticleCommunity Financial Services and the Intramural Debate over Novelty and...
On May 16th, the Supreme Court handed down CFPB v. Community Financial Services Association of America, rejecting the Fifth Circuit’s conclusion that the CFPB’s funding structure violated the...
View ArticleThe Making of Presidential Administration
Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and the legal academy. But it was not...
View ArticleO.I. European Group B.V. v. Bolivarian Republic of Venezuela
Venezuela — home to the “largest proven oil reserves” on Earth — vests its hydrocarbon deposits in the Republic as its “inalienable” assets and subjects them to governmental control. Venezuela’s...
View ArticleBaker v. City of McKinney
One’s home — invested with so much of their personhood — is perhaps their most important belonging. And like any other kind of private property, the home is protected by the Takings Clause’s guarantee...
View ArticleDrowning Out Democracy
Money in politics. It’s an old problem, seemingly overwritten and unsolvable. Campaigns grow more expensive. Politicians genuflect to large corporate donors. And after Citizens United v. FEC, laws...
View ArticleTrading Jabs Over Tradition
Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists can’t agree. Take Vidal v. Elster. There,...
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