Vol. 139 No. 8 Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...
Vol. 139 No. 8 Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
Response to Drug Scheduling as Institutional Design
Vol. 139 No. 7 Professors Matthew Lawrence and David Pozen’s Drug Scheduling as Institutional Design is an ambitious and welcome intervention in the long-running debate over U.S. drug policy. The authors reconceptualize...
Vol. 139 No. 7 “Not being a State often places the District of Columbia at a disadvantage. In this case, however, it works to its benefit.” So began...
Vol. 139 No. 5 Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug....
Vol. 139 No. 2 In Trump v. CASA, Inc., the Supreme Court held that federal courts may not issue “universal injunctions” unless “necessary to provide complete relief to...
Vol. 138 No. 2 Abstract The U.S. Supreme Court regularly insists that it is “a court of review, not of first view.” This sentiment is usually deployed as...
Vol. 138 No. 1 The law of constitutional remedies is tightly coupled with the law of equity. In the early twentieth century, suits in equity became the “normal...
Vol. 138 No. 1 Deference to agencies is in disfavor. And while the demise of Chevron has dominated legal discourse, the Supreme Court’s evolving views on agency deference...
