Vol. 139 No. 3 * * * Case NameCitationForm of Comparison / Level of RelianceOpinionDefensive?PlainMeaning?Abbott v. Perez138 S. Ct. 2305 (2018)Both policy and administrability / Undesirable results +...
Vol. 139 No. 3 On March 15, 2025, the White House announced that President Trump had invoked an eighteenth-century wartime authority to order the summary removal of noncitizens who were believed to be members of the Venezuelan gang Tren de Aragua.Proclamation No. 10,903, 90 Fed. Reg. 13033 (Mar. 14, 2025).
Vol. 139 No. 3 In recent years, various legislative and school board actions have sought to restrict or censor educational content related to race, gender, sexuality, and identity.1 One prominent example is Florida’s Parental Rights in Education Act2 — the “Don’t Say Gay” law — which prohibits classroom instruction on sexual orientation and gender identity in certain grades.
Vol. 139 No. 3 A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered.
Vol. 139 No. 3 Baseball isn’t unique only for being “America’s pastime.” It is also unique because activities involving the “business . . . of base[ball]” are exempt from federal antitrust laws...
Vol. 139 No. 3 After New York State Rifle & Pistol Ass’n v. Bruen, § 922(g) challenges proliferate. Enacted as the “centerpiece” of the Gun Control Act of 1968,...
Vol. 139 No. 3 Courts often consult entrenched, preratification sources such as Blackstone’s Commentaries and The Digest of Justinian when rendering decisions in common law actions. These authorities...
Vol. 139 No. 2 In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an...