Bad Boy Jurisprudence
Vol. 139 No. 5
In 2009, President Barack Obama set off a “radioactive” debate when he told the White House Press Corps that he would seek a judge...
Jurisprudence
What is a Tort?
Vol. 139 No. 5
What is a tort, and what is tort law for? On one leading scholarly account, torts are legal liability rules that seek to promote the welfare of society at large by disincentivizing socially suboptimal behavior and distributing the costs of accidents to those who can best bear them.
To a Conservative Warren Court
Vol. 139 No. 1
The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a
strong majority of left-of-center jurists, and those “liberal lions” ruled (or roared) accordingly.
Long Lake Township v. Maxon
Vol. 138 No. 7
While technology advances, do Fourth Amendment rights keep pace to preserve privacy? Or do they get left behind? Regardless of the answer, it would...
Snails, Trains, and Pragmatist Claims
Vol. 138 No. 4
Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty...
The Paradox of Precedent About Precedent
Vol. 138 No. 3
When the Supreme Court overrules or declines to overrule a past decision, it typically invokes precedent about precedent. These are prior cases that establish...
Originalism’s Age of Ironies
Vol. 138 No. 1
Guns, abortion, religious establishments, presidential power: While today’s Supreme Court identifies as originalist, it has settled constitutional questions on these and many other issues...
The Second Coming of Political Liberalism
Vol. 137 No. 7
Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit...
Law Without Violence: Human Rights Adjudication as World Building
Vol. 137 No. 5
In Violence and the Word, Professor Robert Cover describes law as “tak[ing] place in a field of pain and death.” International law and human...
The Linguistic and Substantive Canons
Response to The Incompatibility of Substantive Canons and Textualism
Vol. 137 No. 2
Introduction In an important new Article, The Incompatibility of Substantive Canons and Textualism, Professors Benjamin Eidelson and Matthew Stephenson argue that substantive canons cannot...