Franchise Tax Board v. Hyatt
Vol. 133 No. 1
The Constitution contains no textual provision addressing interstate sovereign immunity. Nonetheless, courts have been wrestling with the implications of that silence for over a...
Supreme Court
Nieves v. Bartlett
Vol. 133 No. 1
Police officers violate the First Amendment when they arrest individuals in retaliation for protected speech, but the First Amendment is not an impenetrable shield....
Timbs v. Indiana
Vol. 133 No. 1
The Eighth Amendment guarantees the right to be free from excessively harsh punishment at the hands of the government. Yet in spite of the...
Apple Inc. v. Pepper
Vol. 133 No. 1
Antitrust standing doctrine has remained in uneasy repose since the Court’s decision in Illinois Brick Co. v. Illinois, over four decades ago. Under Illinois...
The Supreme Court is Poised to Blow A Giant Hole in Gun Control. Here’s How the Liberal Justices Can Intervene.
Lost in the shuffle of a busy October at the Supreme Court—one filled with high profile developments concerning the right to abortion and the treatment of LGBT...
The Supreme Court’s Legitimacy Dilemma
Vol. 132 No. 8
I. Introduction Legitimacy is a complex and puzzling concept. But in legal discourse, we have an intuitive sense that illegitimate means something more than...
A Modest Proposal: Why the Supreme Court Should Enforce Unenumerated Fundamental Rights
Should the Supreme Court of the United States, arguably the most powerful legal tribunal in the history of the world, which for two centuries...
Adams v. Governor of Delaware
Talk of Supreme Court reform is in fashion. With the increased trend toward overt politicization of judicial nominations and the dread of an enduring...
Congress, the Supreme Court, and the Rise of Securities-Fraud Class Actions
Vol. 132 No. 3
Introduction The United States has a complex regime of securities-fraud enforcement in place to protect its securities markets. Functioning properly, securities markets help drive...
51 Imperfect Solutions: States And The Making of American Constitutional Law
By Jeffrey S. Sutton. New York, N.Y.: Oxford University Press. 2018. Pp. v, 278. $29.95.
Vol. 132 No. 2