Rules Against Rulification
The Supreme Court often confronts the choice between bright-line rules and open-ended standards—a point well understood by commentators and the Court itself. Less well understood is a related choice that arises once the Court has opted for a standard over a r…
The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So
119 Yale L.J. 966 (2010).
The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed i…
Original Jurisdiction Deadlocks
118 Yale L.J. 1003 (2009).