The Future of Supreme Court Reform
Vol. 134 No. 7
For a brief moment in the fall of 2020, structural reform of the Supreme Court seemed like a tangible possibility. After the death of...
Essays
Private Property Managers, Unchecked: The Failures of Federal Compliance Oversight in Project-Based Section 8 Housing
Vol. 134 No. 5
Federally subsidized housing should be the foundation upon which much of our social safety net is built. It is supposed to be a core...
Coronavirus, Civil Liberties, and the Courts: The Case Against “Suspending” Judicial Review
Vol. 133 No. 9
Introduction For obvious reasons, local and state orders designed to help “flatten the curve” of novel coronavirus infections (and conserve health care capacity to...
Criminal Justice User Fees and the Procedural Aspect of Equal Justice
Vol. 133 No. 5
The Solicitor General and the Shadow Docket
Vol. 133 No. 1
[T]he Solicitor General’s special relationship to the Court is not one of privilege, but of duty — to respect and honor the principle of...
Intersectionality at 30: Mapping the Margins of Anti-Essentialism, Intersectionality, and Dominance Theory
Vol. 132 No. 8
2019 marks thirty years since the publication of Kimberlé Crenshaw’s groundbreaking article, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of...
The Certiorari Process and State Court Decisions
Vol. 131 No. 7
Introduction M any have said much about the United States Supreme Court’s certiorari process. Repeat litigators, like seasoned fishing guides, know where and how...
Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past
Vol. 131 No. 1
“Unprecedented” is a dirty word — at least in the context of constitutional politics. The claim that some behavior is unprecedented carries with it...
Thayer, Holmes, Brandeis: Conceptions of Judicial Review, Factfinding, and Proportionality
Vol. 130 No. 9
Three Harvard Law School alumni — James Bradley Thayer, Oliver Wendell Holmes, Jr., and Louis D. Brandeis — have had outsized impacts on judicial...
Law’s Boundaries
Vol. 130 No. 9
The history of law is in no small part the history of its boundaries. And the history of legal theory, or jurisprudence more narrowly,...