Which Textualism?
Vol. 134 No. 1
Introduction The academic indictment of textualism was almost in. Although textualism has in recent decades gained considerable prominence within the federal judiciary, legal scholars...
Separation of Powers
Adjudication Outside Article III
Vol. 133 No. 5
Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....
Martin v. City of Boise
Ninth Circuit Refuses to Reconsider Invalidation of Ordinances Completely Banning Sleeping and Camping in Public.
Vol. 133 No. 2
Sims v. Hyatte
Seventh Circuit Grants Habeas Relief Under 28 U.S.C. § 2254(d) to Petitioner Alleging Brady Violation Due to Hidden Evidence of Witness Hypnosis.
Vol. 133 No. 2
State of the Netherlands v. Urgenda Foundation
Hague Court of Appeal Requires Dutch Government to Meet Greenhouse Gas Emissions Reductions By 2020.
Vol. 132 No. 7
The “Guarantee” Clause
Vol. 132 No. 2
Article IV’s command that “the United States shall guarantee to every State in this Union a Republican Form of Government” stands as one of...
To End a (Republican) Presidency
Vol. 132 No. 2
I. The Pernicious Problem of Partisanship Alexander Hamilton foresaw it perfectly: impeachments of Presidents are by their nature political proceedings, conducted by political institutions...
Ortiz v. United States
Vol. 132 No. 1
There are two ways to get to the Supreme Court. Under Article III, a small set of cases qualify for the Court’s original jurisdiction,...
Patchak v. Zinke
Vol. 132 No. 1
The suggestion that “‘the judicial Power of the United States . . . can no more be shared’ with another branch than ‘the Chief Executive, for example,...
Statements and Standards in Trump v. Hawaii
On Tuesday, the Supreme Court sided with the Trump Administration in Trump v. Hawaii, the challenge to the third iteration of the President’s travel...