Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”...
Introduction Professor Payvand Ahdout’s article, Enforcement Lawmaking and Judicial Review, makes a powerful case that, contrary to the views of many scholars, federal courts...
Response to Constitutional Off-Loading at the City Limits
Vol. 135 No. 3 Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of...
Vol. 135 No. 3 Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and...
Vol. 135 No. 3 In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more...
Vol. 135 No. 2 I. Introduction Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard Law Review. Seventy-five years ago, President Harry Truman signed the...
Vol. 135 No. 1 Especially I want to show that it could be different, that it was different, and that there are alternatives. — Natalie Zemon Davis Fifty...
Vol. 135 No. 1 Election Day had barely drawn to a close when then-President Trump began his protests that the election had been “stolen.” He claimed, among other...
Response to Privacy as Privilege: The Stored Communications Act and Internet Evidence
Vol. 134 No. 8 Giant tech companies are not a brooding omnipresence in the sky, but mostly because their rapacious approach to data surveillance leaves little time for...
Response to Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. Wade
Vol. 134 No. 7 I. Throwing Down a Gauntlet Professor Melissa Murray is right about one thing. Laws banning trait-selection abortion — prohibitions on abortion when had solely...