The Age of Scalia
Vol. 130 No. 1
During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest...
Essays
Deference and Due Process
Vol. 129 No. 7
Since procedural decisions should be made to serve the substantive task, it follows that expertness in matters of substance [is] relevant to the exercise...
Rule of Law Tropes in National Security
Vol. 129 No. 6
In seeking to insulate national security conduct from external review, executive officials often publicize self-imposed rules that appear to subject their authority to familiar,...
Horizontal Shareholding
Vol. 129 No. 5
Horizontal shareholdings exist when a common set of investors own significant shares in corporations that are horizontal competitors in a product market. Economic models...
Anticipatory Remedies for Takings
Vol. 128 No. 6
The Supreme Court has rendered two lines of decisions about the remedies available for a violation of the Takings Clause. One line holds that...
Hobby Lobby, Corporate Law, and the Theory of the Firm
Why for-profit corporations are RFRA persons
Vol. 127 No. 7
Perma: Scoping and Addressing the Problem of Link and Reference Rot in Legal Citations
How to make legal scholarship more permanent
Vol. 127 No. 4
It’s Time for Postal Banking
The USPS should help extend credit to the unbanked population
Vol. 127 No. 4
Credibility and War Powers
Vol. 127 No. 3
Introduction In late August 2013, after Syrian civilians were horrifically attacked with sarin gas, President Barack Obama declared his intention to conduct limited airstrikes...
Limits on the Treaty Power
Vol. 127 No. 3
During Justice Sotomayor's Senate Judiciary Committee confirmation hearing, she rightly stated that "American law does not permit the use of foreign law or international...