Humane Society of the United States v. USDA
D.C. Circuit Holds Rules Are Final when Made Available for Public Inspection.
Public Law
Berger v. North Carolina State Conference of the NAACP
Vol. 136 No. 1
The United States has an adversarial legal system, meaning the parties to a given lawsuit play a central role in shaping its outcome. It...
Welfarist Prosecution
Vol. 135 No. 8
Introduction Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It’s well established that criminal justice involvement...
Federal Indian Law as Paradigm Within Public Law
Vol. 132 No. 7
U.S. public law has long taken slavery and Jim Crow segregation as a paradigm case through which to understand our constitutional law: cases adjudicating...
An Abdication Approach to State Standing
Vol. 132 No. 4
During the Obama and Trump Administrations, state litigation has emerged as a powerful new tool for challenging federal policy. President Obama’s eight years in...
Reconstructing the Administrative State in an Era of Economic and Democratic Crisis
Vol. 131 No. 6
Speaking at Yale Law School in 1938, Dean James Landis offered a powerful defense of President Franklin Roosevelt’s New Deal, and in particular its...
The Justiciability of Servicemember Suits
Vol. 130 No. 8
On May 4, 2016, Captain Nathan Michael Smith of the U.S. Army sued President Obama in the U.S. District Court for the District of...
Power in Public Law: Some Reactions
Responding to Daryl J. Levinson, The Supreme Court, 2015 Term — Foreword: Looking for Power in Public Law
Response to Looking for Power in Public Law
Vol. 130 No. 1
Confronting Power in Public Law
Responding to Daryl J. Levinson, The Supreme Court, 2015 Term — Foreword: Looking for Power in Public Law
Response to Looking for Power in Public Law
Vol. 130 No. 1
Looking for Power in Public Law
Vol. 130 No. 1
The full text of the Foreword may be found by clicking the PDF link below. Constitutionalism is the project of creating, allocating, and constraining...