Proper Parties, Proper Relief
Vol. 137 No. 1
Introduction In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to...
Case Comments
Roberts’s Revisions: A Narratological Reading of the Affirmative Action Cases
Vol. 137 No. 1
Introduction In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are...
Rights of First Refusal
Vol. 137 No. 1
In 303 Creative LLC v. Elenis, the Court held that a Christian web designer who declined to make wedding sites for same-sex couples could...
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
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...