Vol. 139 No. 3 Baseball isn’t unique only for being “America’s pastime.” It is also unique because activities involving the “business . . . of base[ball]” are exempt from federal antitrust laws...
Vol. 139 No. 3 After New York State Rifle & Pistol Ass’n v. Bruen, § 922(g) challenges proliferate. Enacted as the “centerpiece” of the Gun Control Act of 1968,...
Vol. 139 No. 3 Courts often consult entrenched, preratification sources such as Blackstone’s Commentaries and The Digest of Justinian when rendering decisions in common law actions. These authorities...
Vol. 139 No. 2 Bankruptcy courts occupy an odd place in the judicial system. In Stern v. Marshall, the Supreme Court held that the Constitution guarantees parties in...
Vol. 138 No. 8 The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from...
Vol. 138 No. 8 If a constitutional amendment were written today, one might assume an originalist would interpret it according to its meaning today. If that originalist were...
Vol. 138 No. 8 Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it...
Vol. 138 No. 8 Revocation of the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization has raised concern that other substantive due process rights may...
Vol. 138 No. 7 The hate crime enhancement in the federal sentencing guidelines, U.S.S.G. § 3A1.1(a), increases a defendant’s offense level by three if they “intentionally selected any victim . . . because...
Vol. 138 No. 7 While technology advances, do Fourth Amendment rights keep pace to preserve privacy? Or do they get left behind? Regardless of the answer, it would...
