Response to The Constitution of American Colonialism
Vol. 137 No. 1 What are the borderlands? In her brilliant and sweeping exploration of the “constitution of American colonialism,” Professor Maggie Blackhawk references the borderlands dozens of...
Vol. 137 No. 1 Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in...
Vol. 136 No. 3 Introduction In recent years, immigration has risen to the top of America’s collective consciousness. From President Trump’s infamous “Muslim ban” to the separation of...
Vol. 136 No. 1 Across several areas of administrative law, the Roberts Court has made it harder for agencies to exercise power. Chevron deference has gone missing. The...
Vol. 136 No. 1 “[T]he court seems to churn along as usual, and I see my friends’ rights trampled in the process,” observed an immigrant detained at the...
Vol. 135 No. 5 The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of...
Vol. 134 No. 8 Introduction Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that...
Vol. 134 No. 7 Detention has become an undeniably central part of immigration enforcement today. In principle, the constitutional right to be free from deprivation of “life, liberty,...
