Tribute
Tributes to Justice Souter
Jesse M. Furman, Heather K. Gerken & Jeannie Suk Gersen
In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former boss's humility, wit, and legacy.
31 Oct 2025
Article
The Forgotten Face of “Our Federalism”
Fred O. Smith, Jr. & Peter O'Neill
Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article democratizes our constitutional memory, recovering the erased history of Black political resistance and state oppression underlying Younger v. Harris.
31 Oct 2025
Article
Government Research
Previous scholarship has analyzed a host of innovation institutions—including patents, prizes, and grants—but has overlooked government-conducted R&D. This Article offers the first comprehensive analysis of government research, examining its institutional design, comparative advantages, and normative justifications, and situating it as an indispensable paradigm within the national innovation system.
31 Oct 2025
Feature
Post-Profit Antitrust
Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like values-driven boycotts or faith-based mergers. It shows that antitrust can protect against harmful practices and transactions, however they are motivated.
31 Oct 2025
Note
Reconstruction State Constitutional Conventions and the Rebirth of American Schooling
In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems and kept their constitutions free from mandatory segregated schooling. These oft-overlooked constitutional actors illuminate the true legal relationship between our nation’s history and the current educational landscape.
31 Oct 2025
Comment
Deference Spillover: The End of Witherspoon in Capital Appeals
Witherspoon v. Illinois bars the state from disqualifying jurors solely for opposing the death penalty. That holding remains good law. But practice, Witherspoon is a mirage in capital appeals. This Comment explains why—tracing Witherspoon’s demise to the “spillover” of a deferential habeas standard of review into direct appeals.
31 Oct 2025