Standing
Reclaim Idaho v. Denney
Idaho Supreme Court Retains Federal Framework for Assessing Standing to Sue in State Court
Constitutional Interpretation
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International Law
Fedotova v. Russia
European Court of Human Rights Holds That Russia Must Give Legal Recognition to Same-Sex Couples
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Article II
“As the Legislature Has Prescribed”: Removing Presidential Elections from the Anderson-Burdick Framework
Bush v. Gore, 531 U.S. 98, 104 (2000) (percuriam) (âWhen the state legislature vests the right to vote for President in its people, the right to vote as the legislature…
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Constitutional Law
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Introduction Letâs start at the end, the very end. âIf â[l]aw and philosophy are both in the distinction business,ââ Stephen Sachsâs Originalism: Standard and Procedure concludes, âwe ought to keep…
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Originalism
On Inkblots and Truffles
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more modest. Drawing on Professor R. Eugene…
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Originalism
Originalism: Standard and Procedure
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find. To borrow a distinction from philosophy,…
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Freedom of Religion
Constitutional Constraints on Free Exercise Analogies
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Criminal Law
United States v. Rosemond
Second Circuit Holds that Counsel Admitting to Element of Crime over Defendantâs Protests Does Not Violate Defendantâs Autonomy.
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Democracy
The Degradation of American Democracy â And the Court
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State Constitutional Law
Hernandez v. United States
Second Circuit Rules State Constitutional Torts Not Cognizable Under the Federal Tort Claims Act.