The “History and Tradition” of Substantive Due Process in State Constitutions
Chapter One
Vol. 139 No. 6
Author
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Enforcing State Constitutions Through Constitutional Torts
Chapter Two
Vol. 139 No. 6
The Decline and Fall of the State Executive Council
Chapter Three
Vol. 139 No. 6
Home Rule Reinforcement: Constitutional Local Autonomy Guarantees
Chapter Four
Vol. 139 No. 6
Lange v. Houston County
When an employer-sponsored health plan covers mastectomies for cancer but excludes them for gender dysphoria, is that sex discrimination under Title VII? The Eleventh...
State ex rel. D.D.
Vol. 139 No. 6
Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of...
White House Secures Corporate Governance Interest in the United States Steel Corporation
Vol. 139 No. 6
President Trump is invoking new tools to bolster American economic and national security. His recent approval of Nippon Steel Corporation’s (Nippon Steel) acquisition of...
Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise
Vol. 139 No. 5
Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace...
Separating the Powers in the Administrative State: Article I
Vol. 139 No. 5
All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress...
Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842
Vol. 139 No. 5
Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug....