Introduction
Court Reform
Vol. 137 No. 6
Legal Theory
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...
Non-extraterritoriality
Vol. 137 No. 5
Abstract The extraterritorial application of statutes has received a great deal of scholarly attention in recent years, but very little attention has been paid...
Alienation in Law School
Vol. 137 No. 3
There is a lot to admire about lawyers. Many commit their professional lives to the pursuit of a fairer world, and at the same...
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...
The Thrust and Parry of Stare Decisis in the Roberts Court
Vol. 137 No. 2
Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...
The Incompatibility of Substantive Canons and Textualism
Vol. 137 No. 2
Abstract A majority of the Justices today are self-described textualists. Yet even as these jurists insist that “the text of the law is the...
Discriminatory Taint
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...
On Tort Law’s Dualisms
Vol. 135 No. 4
We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky's Response....
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Response to Originalism: Standard and Procedure
Vol. 135 No. 3
Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and...