Samia v. United States
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...
Constitutional Law
Allen v. Milligan
Vol. 137 No. 1
America was founded on ideals of democracy, freedom, and political equality. It was also founded with racialized slavery, and for most of its history...
Health and Hospital Corporation of Marion County v. Talevski
Vol. 137 No. 1
When states receive funds from the federal government, strings are often attached. For instance, if states wish to receive Medicaid and Medicare funds, the...
The Constitution of American Colonialism
Vol. 137 No. 1
For my part I am not prepared for citizenship in the United States. I do not want it. . . . It takes greed of gain...
The Contract Clause: Reawakened in the Age of COVID-19
Vol. 136 No. 8
Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...
B-21 Wines, Inc. v. Bauer
Fourth Circuit Upholds Differential Wine-Shipping Scheme.
Vol. 136 No. 8
Mazo v. New Jersey Secretary of State
Third Circuit Holds that New Jersey's "Consent Requirement" for Ballot Slogans is Content Neutral.
Vol. 136 No. 8
Tangibility and Tainted Reliance in Dobbs
Response to Precedent, Reliance, and Dobbs
Vol. 136 No. 7
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court distinguished between different kinds of reliance interests — some that would support preserving a judicial precedent,...
Removal Rehashed
Response to The Executive Power of Removal
Vol. 136 No. 7
Introduction We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal....
Precedent, Reliance, and Dobbs
Vol. 136 No. 7
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...