The Supreme Court applies the unconstitutional conditions doctrine in many contexts but has declined to extend the doctrine to criminal procedure, where people accused of crime are often asked to—and often do—surrender their rights. This approach undermines such rights and harms people who most need judicial protection.
What is the source of jurisdictional power, or the power to say what the law is and give it force in a territory? This Article examines how this fundamental attribute of sovereignty historically arose, in America, from property and property institutions, especially the local, mundane, overlooked and bureaucratic title registry.
This Feature advances evidence-based transitional justice policies and programs in societies emerging from armed conflict, authoritarianism, and other widespread human rights violations. It does so through a systematic review of more than 300 empirical studies of public attitudes and new insights from the authors’ original surveys in Ukraine and Iraq.
This Note argues that, in Second Amendment adjudication, courts may regard sources of analogical precedent other than statutes as evidence of the nation’s historical tradition of firearm regulation. It surveys regulations enacted by nineteenth-century railroad corporations and finds a historical tradition of regulating firearm carriage in public transportation.
This Note argues that revocations of supervised release violate the right to a jury trial under Apprendi v. New Jersey. Rather than attempting to demonstrate that the Sixth Amendment directly applies to revocation proceedings, it finds that revocations unconstitutionally circumvent the jury trial used to secure a person’s conviction.
For much of the twentieth century, banking law used an array of carrots and sticks to create a banking system that was both very stable and highly decentralized. This history is key to understanding how banking law has, and could again, serve Brandeisian aims.
The Fifteenth Amendment is usually an afterthought compared to the Fourteenth Amendment. This oversight is perplexing: the Fifteenth Amendment ushered in a brief period of multiracial democracy and laid the constitutional foundation for the VRA. This Article completes the historical record, providing an unabridged accounting of the Fifteenth Amendment’s adoption.
In the increasingly globalized modern economy, large corporate actors have long operated with relative impunity for transnational human-rights abuses committed in the name of profit maximization. This Collection explores perspectives from a range of voices engaged in the fight for corporate accountability in both the United States and abroad.
Administrative law faces a critical juncture. Settled doctrines ranging from deference to agency interpretations of statutes to delegations of executive power have been destabilized. And earlier this year, Justice Breyer—himself an administrative-law scholar—retired from the Supreme Court. We publish this Collection as a tribute to his judicial legacy.
As law-school clinics assume a growing role in legal education, instructors, students, and community partners have used clinics to test novel, sometimes radical lawyering approaches. This Collection draws from those experiments, using case studies from family defense, immigration, and worker rights to explore the relationship between law and social movements.