Vol. 139 No. 3 Courts often consult entrenched, preratification sources such as Blackstone’s Commentaries and The Digest of Justinian when rendering decisions in common law actions. These authorities...
Vol. 137 No. 5 Disputes over procedure have long forced the federal courts to face the limits of their power. In 1825, Chief Justice Marshall wrote that federal...
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. . . .
Vol. 133 No. 8 Both the United States government and the governments of the fifty states use antitrust principles to regulate firms. A collection of federal statutes, first...
Vol. 133 No. 2 Federal, state, and tribal sovereignties comingle in our “compound republic of America.” Imagine that one of these sovereigns, or its citizens, threatens the health...
