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Forum: The History of History and Tradition: The Roots of Dobbss Method (and Originalism) in the Defense of Segregation

that “f rights were defined by who exercised them in the past, then received practices could serve as their own continued justification and new groups

Forum: Top-Down or from the Ground?: A Practical Perspective on Reforming the Field of Children and the Law

this current framework in their article, The New Law of the Child. They advance a “new paradigm for describing, understanding, and shaping children’s

Securities Regulation in the Shadow of the Antitrust Laws: The Case for a Broad Implied Immunity Doctrine

Yale Law Journal - Securities Regulation in the Shadow of the Antitrust Laws: The Case for a Broad Implied Immunity Doctrine Securities Regulation in

The Court of Vice Admiralty at Sierra Leone and the Abolition of the West African Slave Trade

Yale Law Journal - The Court of Vice Admiralty at Sierra Leone and the Abolition of the West African Slave Trade The Court of Vice Admiralty at Sierra Leone and the Abolition of ...

Leviathan and Interpretive Revolution: The Administrative State, the Judiciary, and the Rise of Legislative History, 1890-1950

While all these new technologies have some value—mitigating the problems of identifying documents and obtaining copies of them—I am skeptical that they

Aurelius’s Article III Revisionism: Reimagining Judicial Engagement with the Insular Cases and “The Law of the Territories”

they adequately questioned the role that these pages should play in unwinding ideas incubated a century ago in their earliest volumes. See infra Part

The 150th Anniversary of the Department of Justice

the US Attorneys’ Offices restore their damaged credibility with the public? New laws and policies designed to preserve the independence of the

Forum: “Early-Bird Special” Indeed!: Why the Tax Anti-Injunction Act Permits the Present Challenges to the Minimum Coverage Provision

labels a “penalty.” These provisions go into effect on January 1, 2014. For all the heated disputes over their constitutionality, there ought to be

Forum: Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law

claim during initial postconviction review. These claims of ineffective assistance and the evidence supporting them therefore did not appear in the

Forum: Good and Bad Patient Involvement: Implementing the Patient-Involvement Provisions of the 21st Century Cures Act at the FDA

legitimately affect the approval process in the eteplirsen and flibanserin cases, there is little doubt that it played a significant role in their