Vol. 137 No. 5 In Violence and the Word, Professor Robert Cover describes law as “tak[ing] place in a field of pain and death.” International law and human...
Vol. 137 No. 5 Abstract The extraterritorial application of statutes has received a great deal of scholarly attention in recent years, but very little attention has been paid...
Response to The Incompatibility of Substantive Canons and Textualism
Vol. 137 No. 2 Introduction In an important new Article, The Incompatibility of Substantive Canons and Textualism, Professors Benjamin Eidelson and Matthew Stephenson argue that substantive canons cannot...
Vol. 137 No. 2 Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...
Vol. 137 No. 2 Abstract A majority of the Justices today are self-described textualists. Yet even as these jurists insist that “the text of the law is the...
Vol. 135 No. 5 The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of...
Vol. 135 No. 4 We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky's Response....
Vol. 135 No. 3 Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and...
Vol. 135 No. 2 [W]e must not overlook the actual fact that dominion over things is also imperium over our fellow human beings. — Professor Morris R. Cohen,...