Vol. 137 No. 8 One key responsibility of the executive branch is to “take Care that the Laws be faithfully executed.” Traditionally, that means that Congress passes the...
Vol. 137 No. 8 Abstract A federal statute restricts the habeas corpus remedy, but do federal judges also have equitable discretion to deny relief to unlawfully detained prisoners?...
Response to Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria
In Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria, D Dangaran argues that pursuing coverage for Gender Dysphoria in...
Vol. 137 No. 6 Abstract The Family and Medical Leave Act (FMLA) provides workers twelve weeks of unpaid, job-protected leave to care for their own or a close...
Vol. 137 No. 6 At a time when much conflicts scholarship is focused on unwarranted extensions of state power beyond state borders, Professor Carlos Vázquez’s Non-extraterritoriality makes a...
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...
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...
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...