Harvard Law Review
In the words of Justice Kagan, the Supreme Courtâs state âsovereign immunity decisions have not followed a straight line.âTorres v. Tex. Depât of Pub. Safety, 142 S. Ct. 2455, 2469…
Idaho Supreme Court Retains Federal Framework for Assessing Standing to Sue in State Court
European Court of Human Rights Holds That Russia Must Give Legal Recognition to Same-Sex Couples
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…
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…
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…
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,…
Second Circuit Holds that Counsel Admitting to Element of Crime over Defendantâs Protests Does Not Violate Defendantâs Autonomy.