Precedent, Reliance, and Dobbs
Vol. 136 No. 7
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Jurisprudence
Justice Breyer: The Court’s Last Natural Lawyer?
Vol. 136 No. 5
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Personal Precedent at the Supreme Court
Vol. 136 No. 3
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
Originalism: Standard and Procedure
Vol. 135 No. 3
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....
Thoroughly Modern Tort Theory
Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4
Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
In re Abbott
Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.
Vol. 134 No. 3
Legal Internalism In Modern Histories of Copyright
Vol. 134 No. 3
Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon...
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
Vol. 134 No. 2
The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...
Maine Community Health Options v. United States
Vol. 134 No. 1
The Patient Protection and Affordable Care Act (ACA), enacted in 2010, contained a number of provisions meant to encourage health insurers to provide services...
Accession on the Frontiers of Property
Vol. 133 No. 7
I’m a skilled painter who recently survived a debilitating accident. Now incapacitated, I’ve become depressed because I’ll never paint again. You, a good friend,...