Vol. 139 No. 8 The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the...
Vol. 139 No. 8 Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
Vol. 139 No. 8 Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the...
Vol. 139 No. 8 Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate...
Vol. 139 No. 8 Introduction Buried in Harlow v. Fitzgerald, the Supreme Court’s leading decision on qualified immunity, a largely overlooked phrase invokes a mostly forgotten distinction in...
Vol. 139 No. 8 Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...
Vol. 139 No. 8 Introduction The current Administration’s detention of individuals in foreign prisons — claiming afterward to have no power over their treatment or return — represents just one example of...
Vol. 139 No. 8 Introduction In a time of “constitutional crisis, scholars are asking how federal courts can preserve a basic “imperative” of constitutional structure: “[A] system of...
Vol. 139 No. 8 Introduction That federal courts resolve only “Cases” and “Controversies” when assessing the legality of government policies is increasingly a myth. Many cases decided by...
Vol. 139 No. 8 Although the Federal Convention of 1787 considered proposing a Council of Revision as part of the new government it devised, it ultimately provided for...
