Vol. 139 No. 5 “[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts...
Vol. 139 No. 4 State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included...
Vol. 139 No. 4 The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state...
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...
