The Major Questions Quartet
Comment on Alabama Ass’n of Realtors, National Federation of Independent Business, Biden v. Missouri, and West Virginia v. EPA
Vol. 136 No. 1
Case Comments
Three Hail Marys: Carson, Kennedy, and the Fractured Détente over Religion and Education
Comment on Carson v. Makin and Kennedy v. Bremerton School District
Vol. 136 No. 1
No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Comment on United States v. Husayn (Zubaydah) and FBI v. Fazaga
Vol. 136 No. 1
The Supreme Court and the Pro-Business Paradox
Vol. 135 No. 1
Introduction Corporations have long posed conceptual difficulties in a variety of doctrinal contexts. From the first cases involving corporate claims for protection under the...
Antidemocracy
Vol. 135 No. 1
Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It’s planted whenever people treat one another as political equals,...
The Principle and Politics of Liberty of Conscience
Vol. 135 No. 1
Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
Legal Responses to Black Subordination, Global Perspectives
Vol. 134 No. 7
[I]n order to win and bring as many people with us along the way, we must move beyond the narrow nationalism that is all...
Transnational Racial (In)Justice in Liberal Democratic Empire
Vol. 134 No. 7
On June 17, 2020, Philonise Floyd addressed the United Nations Human Rights Council, the United Nations’ paramount human rights body, demanding justice for the...
The Political Economy of the Removal Power
Vol. 134 No. 1
Introduction In the years leading up to the 2008 financial crisis, financial institutions targeted communities of color with expensive and risky subprime mortgage products....
Which Textualism?
Vol. 134 No. 1
Introduction The academic indictment of textualism was almost in. Although textualism has in recent decades gained considerable prominence within the federal judiciary, legal scholars...