Administrative Law
The Roberts Court’s Structural Incrementalism
Forum response to Professor Sohoni's Comment
Constitutional Law
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Supreme Court
The Imperial Supreme Court
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the Court have embarked on a radical…
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First Amendment: Speech
City of Austin v. Reagan National Advertising of Austin, LLC
Imagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And the third regulates only signs advertising…
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Fifth Amendment
Denezpi v. United States
The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.”U.S. Const. amend. V (“No person shall . . . be subject for the same offence to be…
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Administrative Law
The Major Questions Quartet
Comment on Alabama Ass’n of Realtors, National Federation of Independent Business, Biden v. Missouri, and West Virginia v. EPA
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First Amendment
FEC v. Ted Cruz for Senate
Candidates for federal office may loan an unlimited amount of their own money to their campaign committees. However, under section 304 of the Bipartisan Campaign Reform…
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Constitutional Law
Three Hail Marys: Carson, Kennedy, and the Fractured DĂ©tente over Religion and Education
Comment on Carson v. Makin and Kennedy v. Bremerton School District
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Remedies
Cummings v. Premier Rehab Keller, P.L.L.C.
The Spending ClauseU.S. Const. art. I, § 8, cl. 1 (“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the…
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Second Amendment
Race and Guns, Courts and Democracy
Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs across the briefs in New York…
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Constitutional Law
Violence and Nondelegation
Introduction Debates over delegation are experiencing a renaissance.See generally, e.g., F. Andrew Hessick & Carissa Byrne Hessick, Nondelegation and Criminal Law, 107 Va. L. Rev. 281 (2021); Julian Davis Mortenson…