Drawing on practice and convention from America and abroad, this Article documents the surprisingly robust role that past constitutions play in the interpretation of extant constitutions, and assesses what this pervasive practice tells us about theories of constitutional meaning, processes of constitutional drafting, and exercises of popular sovereignty.
This Article argues that the conventional wisdom about corporate raiders and activist hedge funds—lambasting raiders and praising activists—is wrong. The authors explain how activists are more likely than raiders to engage in mistargeting, implying they are also more likely to destroy value and, ultimately, social wealth.
This Book Review asks what comprises a well-functioning legal system in light of new evidence of how law operated across a wide historical panorama. Such contextualization has implications for a sound working definition of law, understanding law’s relation to the rule of law, and law’s role in emancipatory projects.
The Constitution’s Port Preference Clause restricts Congress’s ability to favor “the Ports of one State over those of another.” This Note argues that the Jones Act, which prohibits foreign vessels from transporting goods between U.S. ports, violates the Clause by favoring West Coast ports over those of Alaska and Hawaii.
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.
This Collection analyzes the Court’s decision in Carson v. Makin last Term. What does the case mean for minority students? LGBTQ children? How does it connect to the broader movement for public education in the United States? How does it relate to the history of religious schools in our country?
The essay responds to Don R. Willett and Aaron Gordon’s Review of The Collapse of Constitutional Remedies. I show that Willett and Gordon inaccurately describe Collapse’s main argument; offer an internally inconsistent critique; and fail to understand key terms such as judicial independence and the rule of law.
The COVID-19 pandemic forced cities to radically transform in order to survive. This Collection examines the impacts that these measures have had on urban landscapes and assesses how they might inform future policymaking efforts. Its Essays analyze COVID-era policy changes in areas including public space, affordable housing, and infrastructure.
Election law reflects collective efforts to institutionalize democratic precepts such as popular sovereignty, the rule of law, and the basic equality of citizens. However, recent elections have revealed fault lines that threaten these fundamental tenets. In response, this Collection discusses paths forward in the discipline for strengthening democratic accountability.
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.
This Collection analyzes the Court’s decision in Carson v. Makin last Term. What does the case mean for minority students? LGBTQ children? How does it connect to the broader movement for public education in the United States? How does it relate to the history of religious schools in our country?