Precedent, Reliance, and Dobbs
Vol. 136 No. 7
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Articles
The Executive Power of Removal
Vol. 136 No. 7
Abstract Whether the Constitution grants the President a removal power is a longstanding, far-reaching, and hotly contested question. Based on new materials from the...
Pragmatic Family Law
Abstract Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health...
Constitutional Remedies: In One Era and Out the Other
Vol. 136 No. 5
“It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
Medical Disobedience
Vol. 136 No. 4
America’s medical conscience regime is broken. Doctors or nurses who conscientiously deny care get shielded from being sued, fired, or prosecuted — even if they don’t...
Public Reporting of Monitorship Outcomes
Vol. 136 No. 3
When a corporation engages in misconduct that is widespread or pervasive, courts, regulators, or prosecutors often insist that the firm obtain assistance from an...
Content Moderation as Systems Thinking
Vol. 136 No. 2
This Article argues that content moderation should instead be understood as a project of mass speech administration and that looking past a post-by-post evaluation of platform decisionmaking reveals a complex and dynamic system that needs a more proactive and continuous form of governance than the vehicle of individual error correction allows.
The Common Law as Statutory Backdrop
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.
Assembly-Line Plaintiffs
Vol. 135 No. 7
Around the country, state courts are being flooded with the claims of massive repeat filers. These large corporate plaintiffs leverage economies of scale to...
The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021
Vol. 135 No. 7
Fourth Amendment law is in flux. The Supreme Court recently established, in the landmark case Carpenter v. United States, that individuals can retain Fourth...