The Yale Law Journal

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Forum: How Justice Thomas Determines the Original Meaning of Article II of the Constitution

theorizes that citing these sources can confirm the original meaning. For instance, in McDonald, Justice Thomas cited some of the legislative history of the

Forum: “Running the Government Like a Business”: Wisconsin and the Assault on Workplace Democracy

night but leaves the spot where he dropped them to search instead under a nearby streetlight, reasoning that it is so much brighter there. A second reason

Forum: Dictionaries 2.0: Exploring the Gap Between the Supreme Court and Courts of Appeals

previously analyzed dictionary use (or lack thereof) in the Supreme Court, we are able to probe differences in approach between these two judicial levels

Forum: Religious Expression in the Balance: A Response to Murad Hussains Defending the Faithful

community a lack of respect for the religious exercise and expression in which these Muslims were engaged. The stigma thereby cast upon the entire group

Forum: CAFA and Federalized Ambiguity: The Case for Discretion in the Unpredictable Class Action

escape a forum they viewed as less favorable to their interests. Finally, the court’s analysis may conclude by scrutinizing the intrinsic reason for

Forum: The Continuing Viability of Medicaid Rights After the Deficit Reduction Act of 2005

federal or state employee or commercial plans) for certain populations. These discrete amendments do not fundamentally alter Medicaid. Prior to the

Forum: How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire

political community to conceive of their identities. The plaintiffs and defendants in constitutional disputes largely understand themselves as

Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders

the main targets. The theory is that if the public is notified of dangerous past offenders in their neighborhood, and those offenders are barred from

The Lost “Effects” of the Fourth Amendment: Giving Personal Property Due Protection

” included ships, although there is not much clear evide… Many commentators have used ship searches to advance their broader theories about the propriety

When the Sovereign Contracts: Troubling the Public/Private Distinction in International Law

value. By suing for full repayment on the original terms of the bonds, they can make profits of up to 300%-400%. These suits usually take place in U.S