Vol. 135 No. 3 In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more...
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....
Vol. 135 No. 2 Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
Vol. 134 No. 3 The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device....
Vol. 134 No. 3 In back-to-back Supreme Court Terms, § 701(a)(2) of the Administrative Procedure Act (APA) has returned to the forefront. While the APA generally allows anyone “adversely...
Big Data rekindles the debate over the original meaning of the Second Amendment The Second Amendment provides: “A well regulated Militia, being necessary to...