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. 137 No. 4 “A loose vocabulary,” John Chipman Gray once wrote, “is a fruitful mother of evils.” One of the loosest words in legal vocabulary is also...
Vol. 137 No. 4 From time to time, contests over decedents’ estates arrive in the federal courts. One such case began when a hotel magnate, dividing his empire...
Response to Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals
Vol. 137 No. 2 Introduction It is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from...
Vol. 137 No. 2 Abstract Judicial clerkships are key positions of responsibility and coveted opportunities for career advancement. Commentators have noted that the demographics of law clerks do...
Vol. 137 No. 1 Introduction In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to...
Vol. 137 No. 1 When an administrative agency initiates an enforcement action, a regulated entity has an array of defenses at its disposal. It might contend it is...
Vol. 137 No. 1 “[T]he biggest threat to US democracy since January 6.” “[A] theory that could upend elections.” “It’s Hard to Overstate the Danger of the Voting...
A couple of notable defendants are stuck in state court. State prosecutors have charged former President Donald Trump, his Chief of Staff Mark Meadows,...
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,...