Vol. 137 No. 1 America was founded on ideals of democracy, freedom, and political equality. It was also founded with racialized slavery, and for most of its history...
Vol. 137 No. 1 Polselli v. IRS is a tax case. Fear not, keep reading. In fulfilling its duty to collect federal taxes, the IRS has historically received...
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...
Vol. 136 No. 7 Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Vol. 136 No. 5 “It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
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?”...
Vol. 136 No. 3 Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization . During the Supreme Court’s 2022 October...
Vol. 136 No. 3 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...
Vol. 136 No. 2 The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough. Justice Oliver Wendell...