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...
Articles
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...
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...
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...