Vol. 130 No. 9 Introduction The much-discussed King v. Burwell decision presented the very complexities that make statutory interpretation simultaneously frustrating and fun. How should a court handle...
Vol. 130 No. 9 In the era that followed the formal collapse of white supremacy, efforts to sustain and broaden reformist agendas against the denouement of social justice...
Vol. 130 No. 9 What, if anything, legitimates the administrative state? By “legitimacy” I refer not to any thick normative notion, but to sociological and public legitimacy —...
Vol. 130 No. 8 This Article examines the unrecognized origins and scope of the judicial presumption of police expertise: the notion that trained, experienced officers develop insight into...
Vol. 130 No. 1 During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest...
Vol. 129 No. 3 The great peculiarity of the privacy cases is their predominant, though not exclusive, focus on sexuality — not ‘sex’ as such, of course, but...
Response to The Struggle for Administrative Legitimacy
Vol. 129 No. 3 Professor Jeremy Kessler’s insightful review of Professor Daniel Ernst’s wonderful book on administrative law through the 1940s, Tocqueville’s Nightmare, raises several important questions about...