Vol. 137 No. 3 To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences...
Vol. 137 No. 3 Abstract In Dobbs v. Jackson Women’s Health Organization, Justice Alito justified the decision to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania...
Vol. 137 No. 2 Abstract A majority of the Justices today are self-described textualists. Yet even as these jurists insist that “the text of the law is the...
Response to The Constitution of American Colonialism
Vol. 137 No. 1 What are the borderlands? In her brilliant and sweeping exploration of the “constitution of American colonialism,” Professor Maggie Blackhawk references the borderlands dozens of...
Vol. 137 No. 1 Introduction For the last decade, conservative Supreme Court Justices have repeatedly contended that opponents of marriage rights for same-sex couples are decent and fair-minded...
Vol. 137 No. 1 The chilling effect doctrine is “a major substantive component of first amendment adjudication,” but courts’ understanding of chilling effects is limited and narrow. In...
Vol. 137 No. 1 In an increasingly interconnected national economy, the myriad political leanings and morals of political actors result in equally varied — and sometimes diametrically opposed — state laws. Thus,...
Vol. 137 No. 1 Introduction In law, one of the stories told by some scholars is that legal opinions are not stories. The story goes: legal opinions are...
Vol. 137 No. 1 The Sixth Amendment Confrontation Clause promotes “the protection of innocence,” due process, and fair trials by extending to criminal defendants the right to cross-examine...