Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...
Constitutional Law
Romer Has It
Vol. 136 No. 7
A quick scan of LGBTQ-rights victories from the last two decades paints an indisputable picture of progress, a triumphant string of Supreme Court decisions...
Fifth Amendment Rights as Abortion Rights
A Black woman arrives at a hospital in South Carolina with a medical emergency. She is having labor pains, and the medical staff ask...
Constitutional Remedies: In One Era and Out the Other
Vol. 136 No. 5
“It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
Justice Breyer: The Court’s Last Natural Lawyer?
Vol. 136 No. 5
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Bruen’s Ricochet: Why Scored Live-Fire Requirements Violate the Second Amendment
Vol. 136 No. 5
Introduction City of Boston residents who wish to carry a handgun for self-defense must apply for a License to Carry Firearms (LTC) with the...
Democratic Justice: Felix Frankfurter, The Supreme Court, and the Making of the Liberal Establishment
By Brad Snyder. New York, N.Y.: W.W. Norton & Company. 2022. Pp. 979. $45.00.
Vol. 136 No. 4
Price v. Garland
D.C. Circuit Holds that Filming in Public Forums Is Subject to Lower Level of First Amendment Protection Than Expressive Activities.
Vol. 136 No. 4
Standing in the Way: The Courts’ Escalating Interference in Federal Policymaking
Vol. 136 No. 4
The connection between policy and law in the United States rests heavily on the concept and rhetoric of rights. When the government makes a...
Nekrilov v. City of Jersey City
Third Circuit Rejects Investors' Takings Clause Challenge Based on Municipal Officials' Public Statements About a Regulatory Regime.
Vol. 136 No. 3