Response to Drug Scheduling as Institutional Design
Vol. 139 No. 7 Professors Matthew Lawrence and David Pozen’s Drug Scheduling as Institutional Design is an ambitious and welcome intervention in the long-running debate over U.S. drug policy. The authors reconceptualize...
Response to Federalism and the New National Security
Vol. 139 No. 4 Professors Ashley Deeks and Kristen Eichensehr have written a fine article that significantly advances discussion of national security federalism. The increase in state and...
Response to Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed
Vol. 139 No. 2 After the attack on Israel of October 7, 2023, a new protest movement erupted on America’s campuses. Unlike the protests of previous decades, these...
Vol. 139 No. 1 Professor Richard Re’s Foreword pursues a comparison between the Warren Court and the current Court in the hope that “[s]eeing the similarities between these...
Vol. 138 No. 7 In his important article, Determining Rights, Professor Jud Campbell correctly observes that “[t]wo central problems in rights jurisprudence are figuring out who should make” “specifications” about what a right “demands in particular situations” and “how to make them.”
Vol. 138 No. 7 In Waste, Property, and Useless Things, Professor Meredith Render takes aim at an important social problem — the voluminous (and often hazardous) waste produced by our seemingly insatiable consumption of the latest electronic gadgets. This phenomenon is part of a much larger solid-waste problem that human beings need to address if we are to achieve a more sustainable future for our species and our planet.
Response to Structural Logics of Presidential Disqualification
Vol. 138 No. 6 Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as...
Response to Federal Tort Liability After Egbert v. Boule: The Case for Restoring the Officer Suit at Common Law
Vol. 138 No. 5 In the decade after Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court twice recognized implied causes of action...
Response to The Demise of Deference — And the Rise of Delegation to Interpret?
Vol. 138 No. 3 [I]t was morning, and lo! now it is evening, and nothing memorable is accomplished. — Henry David Thoreau The writing was on the wall,...
Vol. 138 No. 2 Introduction What may and what should courts and legislatures do about private restrictions on speech? This has long been a critically significant and contested...