Turkiye Halk Bankasi A.S. v. United States
Vol. 137 No. 1
Under international law, the principle of foreign sovereign immunity is derived from the proposition that “one country cannot exercise jurisdiction over another without violating...
Statutory Interpretation
Sackett v. EPA
Vol. 137 No. 1
The Clean Water Act is the principal federal water pollution statute. It prohibits unpermitted discharges of pollution into “navigable waters,” which the statute defines...
Health and Hospital Corporation of Marion County v. Talevski
Vol. 137 No. 1
When states receive funds from the federal government, strings are often attached. For instance, if states wish to receive Medicaid and Medicare funds, the...
Jones v. Hendrix
Vol. 137 No. 1
Given the complexity of habeas corpus law, one can understand why “fairminded jurists” have disagreed over the circumstances under which a person in government...
A.B. 1766, 2021-2022 Leg., Reg. Sess. (Cal. 2022) (enacted)
California Makes ID Cards Available to Undocumented Residents.
Vol. 136 No. 7
Georgia v. President of the United States
Eleventh Circuit Applies the Major Questions Doctrine to a Delegation to the President.
Vol. 136 No. 7
Justice Breyer: The Court’s Last Natural Lawyer?
Vol. 136 No. 5
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
The Common Law as Statutory Backdrop
Vol. 136 No. 2
This Article provides the first empirical and doctrinal analysis of how the modern Supreme Court uses the common law to determine statutory meaning, based on a study of 602 statutory cases decided during the Roberts Court’s first fourteen and a half Terms.
Wooden v. United States
Vol. 136 No. 1
The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.”...
American Hospital Ass’n v. Becerra
Vol. 136 No. 1
Scholars have described the Supreme Court’s 1984 decision Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. as an “accidental landmark,” “the most important...