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The Neo-Hamiltonian Temptation

constitutional text and the variety of sources that they can draw on. I will return to these issues below. In more fundamental ways, though, I believe that

The Modification of Decrees in the Original Jurisdiction of the Supreme Court

boundary or of th… Manny Fernandez, Secede? Separatists Claim Texas Never Joined United States, N.Y. Times (Mar. 9, 2… The Court has nevertheless alluded to

Forum: The Fourth Amendment in the Information Age

in information they voluntarily expose to the telephone company. If the so-called “third-party doctrine” of Smith governed this case, then there was no

The Judicial "Odd Couple"

Ninth Circuit Court of Appeals. Thirty years later, The Yale Law Journal asked five distinguished contributors to reflect on the unique legacy that Judge Reinhardt crafted in his ...

The Jurisprudence of Mixed Motives

greater than 1? Is it the la… See infra Appendix A. These are motive “standards” insofar as they specify the quanta of motiv… Note that no one is

Congressional Intervention in Agency Adjudication: The Case of Veterans’ Appeals

of dollars and thousands of hours into lobbying agencies on their constituents’ behalf. We ask whether all that effort matters—and, given the

Forum: Stuck or Rooted? The Costs of Mobility and the Value of Place

these benefits, he does not think that the people who are stuck (or anyone else) would have any interest in their staying put. Schleicher’s view of

Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program

power but of God: the powers th… See Max Weber, Science as a Vocation,in From Max Weber: Essays in Sociology 129, 155 (H.H. Gerth &… Richard Parker, Here

The Lessons of Lone Pine

insusceptible to a binary resolution. Given these problems, it ultimately concludes that courts ought to scale back their use of this potent procedural

The President and Immigration Law

Yale Law Journal - The President and Immigration Law