Forum: Who’s Afraid of Carson v. Makin?

families for private-school tuition. So if Maine decided to eliminate its tuition-aid program, it would hardly become an outlier. To be sure, that

Forum: Remedies and Incentives in Presidential Removal Cases

be something of an outlier. To get a sense of Ahdout’s specific idea in the fortified cases, consider the congressional standing doctrine, which

There’s No Such Thing as a Political Question of Statutory Interpretation: The Implications of Zivotofsky v. Clinton

deference to executive expertise in national security cases have grown so ingrained that Zivotofsky can be dismissed as a mere outlier. See Vladeck

- 0064.Bamberger

Suggestions from the Outlier Cases 112 2. Exploring a Step-Two Canons Analysis 114 3. Possible Critiques: Considering Costs 121 conclusion 123

Forum: Excessive Sentencing Reviews: Eighth Amendment Substance and Procedure

outlier in the criminal penalties it imposes. While thousands of Americans languish on life-without-parole (LWOP) and other extreme sentences, the

Measuring the Fortress: Explaining Trends in Supreme Court and Circuit Court Dictionary Use

Kennedy surpassed Justice Scalia. The bottom line is that Justice Scalia’s individual use of dictionaries is not an outlier. The phenomenal increase in

eliminate its tuition-aid program, it would hardly become an outlier. To be sure, that policy choice would create some administrative burden. A

- 17. Durkee Article Post ME Proof 1 clean

attention as an outlier in terms of its nonstate access rules, but nevertheless still falls into the well-established and relatively common “moderate

Originalism-by-Analogy and Second Amendment Adjudication

domestic-violence restraining order from possessing a gun, declaring it an “outlier that our ancestors would never have accepted”—though every court