Is Access to Fable an Export?
On June 12, the Commerce Department directed Anthropic to deny foreign nationals access to its Fable 5 and Mythos 5 models, regardless of where...
Statutory Interpretation
Major Questions Doctrine, Foreign Affairs, and the New Economic Statecraft
Vol. 139 No. 8
Over the past decade, economic intervention by the executive branch in the name of national security has become increasingly salient. It has also taken...
SFFA and the Wrong of Race-Based Statistical Discrimination
Vol. 139 No. 7
In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. (SFFA), the Supreme Court invalidated the race-based affirmative action programs at Harvard University and the University of North Carolina (UNC) under the Equal Protection Clause of the Fourteenth Amendment. The SFFA majority held that the programs could not survive strict scrutiny: The universities’ interests in their affirmative action programs were not sufficiently compelling...
Redefining Organized Labor: How the Supreme Court Circumscribed the Role of Private Sector Unions in American Communities
Vol. 139 No. 7
Organized labor is in crisis. Despite recent polling showing higher levels of public support for unions than at any time since the 1960s, the...
Jersey City United
Against the New Ward Map v. Jersey City Ward Commission
Vol. 139 No. 7
The compactness requirement has become a rule without a ruler. To curb gerrymandering, many state and local laws require electoral districts to be compact....
An International Duty to Regulate Greenhouse Gas Emissions Under the Clean Air Act
EPA’s authority to regulate greenhouse gas emissions is in peril. On the first day of his second term, President Trump issued an executive order...
Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842
Vol. 139 No. 5
Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug....
Practical Consequences in Statutory Interpretation
Vol. 139 No. 3
Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions.
The Compatibility of Substantive Canons and Originalism
Vol. 139 No. 2
In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an...
(As-)Applying PLCAA’s Predicate Exception After National Shooting Sports Foundation, Inc. v. James
Despite the pervasiveness of gun violence in the United States, legal constraints have hindered the ability of state governments to address it. Direct state...