The Making of Presidential Administration
Vol. 137 No. 8
Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
Articles
The New Negative Habeas Equity
Vol. 137 No. 8
Abstract A federal statute restricts the habeas corpus remedy, but do federal judges also have equitable discretion to deny relief to unlawfully detained prisoners?...
Bail at the Founding
Vol. 137 No. 7
For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...
Coloring in the Fourth Amendment
Vol. 137 No. 6
Abstract For decades, a question has simmered in criminal procedure: Can the Fourth Amendment seizure analysis account for a suspect’s race? Scholars have long...
Non-extraterritoriality
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...
Contract-Wrapped Property
Vol. 137 No. 4
Abstract For nearly two centuries, the law has allowed servitudes that “run with” real property while with few exceptions refusing to permit servitudes attached...
Transinstitutional Policing
Vol. 137 No. 3
Abstract Policing has become a permanent fixture within other institutions and occurs in more ways and places than are often recognized. For race-class subjugated...
Dobbs and Democracy
Vol. 137 No. 3
Abstract In Dobbs v. Jackson Women’s Health Organization, Justice Alito justified the decision to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania...
The Incompatibility of Substantive Canons and Textualism
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...
Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals
Vol. 137 No. 2
Abstract Judicial clerkships are key positions of responsibility and coveted opportunities for career advancement. Commentators have noted that the demographics of law clerks do...