Vol. 139 No. 8 Originalism — a school of constitutional interpretation defined by the pursuit of the Constitution’s original meaning — has long been celebrated and criticized for its forceful prescriptions for...
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. 6 Any respectable textbook account of the relationship between the U.S. Supreme Court and the lower federal courts would leave one with the impression that...
Vol. 139 No. 5 In SEC v. Jarkesy, the Supreme Court failed to fully clarify the “unquestionably muddy” relationship between Article III and the Seventh Amendment. Yet it...
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. 139 No. 2 In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an...
Vol. 139 No. 1 Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.
Vol. 139 No. 1 This is the Appendix to Jack Goldsmith, The Supreme Court, 2024 Term — Comment: Interim Orders, the Presidency, and Judicial Supremacy, 139 Harv. L. Rev. 86...
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...
Vol. 138 No. 2 The Seventh Amendment stands on uneasy footing outside of Article III courts. Over 150 years of case law confirm that proposition. And SEC v....
