The Assembly Clause today serves little purpose. But long before the First Amendment’s drafting, American activists advanced what they called their right to “assemble” to defend their right to govern themselves. This Article argues that this right can be interpreted as a right to meaningfully participate in enacting needed legislation.
The Supreme Court invalidated two major executive-branch initiatives in the past two years, pointing in each case to concerns about an evasion of political accountability. This Feature surfaces the “accountability-forcing” brand of arbitrariness review at work in these cases, unpacks its significance, and mounts a qualified defense of its merits.
Securities regulation is a poor host for insider trading doctrine. This Note advances an alternative: the law of federal criminal fraud. It argues that a standalone model of Title 18 insider trading can resolve stubborn doctrinal puzzles, stamp out judge-made securities crimes, and reanchor the offense to its conceptual foundations.
Redboxing is the term used by campaign operatives to describe when candidates and political parties post public, online messages to share campaign strategy with super PACs. This Note provides the first descriptive account of the practice, and assesses its legality under the Federal Election Commission’s test for coordination.
Americans find themselves once again grappling with the reality and legacy of racial subordination and structural inequality. Law is central to both maintaining and dismantling structural subordination based upon race, class, and other marginalized identities. This collection, in conjunction with other law reviews, grapples with some of these realities.
Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court can veto access to the Supreme Court. This Essay argues for elimination of that veto.
The military’s approach to HIV was developed in the 1980s, at the height of the epidemic. Today, however, medical advances have transformed HIV from a deadly disease into a manageable chronic illness—but the military’s policies remain stuck in the past. This Comment makes the case for reform.
The Supreme Court is poised to consider whether the Constitution’s original meaning is compatible with numerous and longstanding congressional laws delegating power to the bureaucracy to enact regulations affecting private rights within the United States. New evidence presented in this Article indicates Congress in the 1790s found such delegations constitutional.
Law is a social practice that pursues a moral purpose. Analyzing Professor Julie Dickson’s Evaluation and Legal Theory, this Review brings the natural-law tradition into conversation with contemporary philosophy of social science to seek an approach to general jurisprudence that respects both the factual and ideal dimensions of law’s life.
Several current Supreme Court Justices have signaled a renewed interest in resurrecting the nondelegation doctrine, but numerous scholars have portrayed the doctrine as ahistorical and unoriginalist. This Feature systematically reviews the evidence and concludes there is much more historical support for a revived nondelegation doctrine than recent scholars have argued.
Over 120 years after YLJ published its first piece on the Insular Cases, these cases appeared again before the Supreme Court in Aurelius. This collection evaluates these cases’ continuing influence, and is dedicated to the memory of Judge Juan R. Torruella, a forceful scholar of these cases’ troubled legacy.
This Article proposes an innovative approach to addressing political inequality: using law to facilitate organizing by the poor and working class – as workers, tenants, debtors, and welfare beneficiaries. The Article offers a new direction for the literature on political inequality and critical lessons for government officials, organizers, and advocates.
This Note seeks to identify the causes of “public charge” confusion. Mapping the exclusion’s history reveals how Congress and the courts have left the administrative state a near-impossible task: reconciling public charge with evolving commitments to public welfare. Drawing on archived Clinton-era negotiations, I offer a path forward.