The Second Amendment’s Liberal Moment
The Second Amendment was designed to protect the people and the states from a tyrannical and unrepresentative central government. Excavating this history today is...
Federalism
Fulton v. Fulton County Board of Commissioners
Vol. 139 No. 5
“[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts...
The New National Security and the Old Federalism: Finding a Path Forward
Response to Federalism and the New National Security
Vol. 139 No. 4
Professors Ashley Deeks and Kristen Eichensehr have written a fine article that significantly advances discussion of national security federalism. The increase in state and...
Construction and Management of the South Florida Detention Facility
Vol. 139 No. 4
The second Trump Administration is executing an extensive immigration crackdown — pulling more people into detention, expanding Immigration and Customs Enforcement (ICE), and funneling money from...
Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine
Vol. 139 No. 3
A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered.
Fast Track to Deportation: Street Dealers and Cooperative Federalism in San Francisco
Vol. 139 No. 2
On the evening of October 16, 2024, Javier Estrada stood near the corner of Van Ness and Market Street in San Francisco. He was...
Federalism and the New National Security
Vol. 139 No. 2
U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns.
“Background Principles” and the General Law of Property
Vol. 138 No. 8
The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property...
Preemption, Labor, and Movement Strategy: Lessons from Nwauzor on Detention Capitalism
In the early mornings at the Northwest Immigration and Customs Enforcement Processing Center (NWIPC) in Tacoma, Washington, a detained immigrant might wake to begin...
Disqualification, Immunity, and the Presidency
Response to Structural Logics of Presidential Disqualification
Vol. 138 No. 6
Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as...