Vol. 137 No. 1 Given the complexity of habeas corpus law, one can understand why “fairminded jurists” have disagreed over the circumstances under which a person in government...
Vol. 136 No. 5 Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Vol. 136 No. 2 This Article provides the first empirical and doctrinal analysis of how the modern Supreme Court uses the common law to determine statutory meaning, based on a study of 602 statutory cases decided during the Roberts Court’s first fourteen and a half Terms.
Vol. 136 No. 1 The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.”...
Vol. 136 No. 1 Scholars have described the Supreme Court’s 1984 decision Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. as an “accidental landmark,” “the most important...
Vol. 136 No. 1 It is hornbook law that “standard principles of statutory interpretation do not have their usual force in cases involving Indian law.” The Indian canons...
Ninth Circuit Holds that Certain Chinese State-Owned Companies Are Not Foreign "Instrumentalities" and Thus Lack Immunity Under the FSIA from Criminal Prosecution