Vol. 132 No. 4 The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies procedures for their adoption. Yet it says...
Vol. 132 No. 4 Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...
Vol. 132 No. 3 Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make some demonstration of harm;...
Vol. 132 No. 3 Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them,...
Vol. 132 No. 3 Debates over mass incarceration emphasize policing, bail, and sentencing reform, but give little attention to indigent defense. This omission seems surprising, given that interactions...
Vol. 132 No. 2 Article IV’s command that “the United States shall guarantee to every State in this Union a Republican Form of Government” stands as one of...
Vol. 132 No. 2 This Article considers whether government agents can conduct searches or seizures to enforce a different government’s law. For example, can federal officers make stops...
Vol. 132 No. 2 Recent research indicates that labor market power has contributed to wage inequality and economic stagnation. Although the antitrust laws prohibit firms from restricting competition...
Vol. 131 No. 8 Of the roughly 450,000 Americans who are in local jails awaiting trial, many are there because they are poor. When people with economic resources...
Vol. 131 No. 8 The nature of the presidency cannot be understood without reference to norms. The written provisions of our constitutional structure do not, by themselves, offer...