Harvard Law Review
Despite the ringing dictum of Marbury v. Madison that “every right, when withheld, must have a remedy,” rights to remedies have always had a precarious constitutional status. For over one…
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural…
By Brad Snyder. New York, N.Y.: W.W. Norton & Company. 2022. Pp. 979. $45.00.
Affirmative action“Affirmative action” is “a set of procedures designed to . . . eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.” Affirmative Action,…
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does and should play a central role…
The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough. — Justice Oliver Wendell Holmes (Buck v. Bell, 274 U.S.…
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application…
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist and what precise shape modern textualism should take, the Court’s continued reliance on one decidedly…
Forum response to Professor Bridges' Foreword
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the Court have embarked on a radical…