Takings Clause
Nekrilov v. City of Jersey City
Third Circuit Rejects Investors' Takings Clause Challenge Based on Municipal Officials' Public Statements About a Regulatory Regime.
Constitutional Law
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Constitutional Theory
The “Common-Good” Manifesto
In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The book must be taken seriously as…
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Affirmative Action
Discrimination Blocking: A New Compelling Interest for Affirmative Action
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application…
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Administrative Law
The Roberts Court’s Structural Incrementalism
Forum response to Professor Sohoni's Comment
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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