Barnes v. Felix
Vol. 139 No. 1
Of all the places where people and police interact, the road is the most common. Perhaps a driver fails to turn on their blinker...
Supreme Court
Ames v. Ohio Department of Youth Services
Vol. 139 No. 1
Sixteen years ago, Justice Scalia warned of an “evil day on which the [Supreme] Court will have to confront the question: Whether, or to...
Lackey v. Stinnie
Vol. 139 No. 1
Civil litigants presumptively bear their own costs. Only “express statutory authorization” can justify a departure from the default “principle that ‘the prevailing litigant is...
McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.
Vol. 139 No. 1
If there were ever a “First Commandment” of the federal judiciary, one candidate might be an oft-quoted phrase from Marbury v. Madison: “It is...
The Statistics
Vol. 139 No. 1
Each year, the Harvard Law Review publishes a series of tables summarizing numerical trends from the Court’s most recent Term.
Beyond Classification and Subordination: A Case for Anti-Essentialism
Employment antidiscrimination law has been steadily eroding, the result of a dilemma it has never fully resolved: its relationship with identity. I. From Ricci...
Constructing Constitutional Rights
Response to Determining Rights
Vol. 138 No. 7
In his important article, Determining Rights, Professor Jud Campbell correctly observes that “[t]wo central problems in rights jurisprudence are figuring out who should make” “specifications” about what a right “demands in particular situations” and “how to make them.”
Disqualification, Immunity, and the Presidency
Response to Structural Logics of Presidential Disqualification
Vol. 138 No. 6
Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as...
Federalism Rebalancing and the Roberts Court: A Departure from Historical Patterns
Vol. 138 No. 5
One of the early lessons we learn in life is that things seek balance. When a parent pushes their child on a swing set,...
Chevron’s Legacy
Response to The Demise of Deference — And the Rise of Delegation to Interpret?
Vol. 138 No. 3
[I]t was morning, and lo! now it is evening, and nothing memorable is accomplished. — Henry David Thoreau The writing was on the wall,...