The rest of this Essay proceeds in three parts. Part I briefly recounts the use of the “set aside” language in federal statutes providing for judicial review—from the term’s debut appearance in the ...
Leading up to oral argument in the same-sex marriage cases, it was reasonable to wonder whether the Indiana episode was evidence of an irreconcilable conflict between same-sex marriage and religious ...
This Essay, published in the immediate aftermath of Dobbs, offers some initial thoughts about what the changed legal landscape means for abortion rights legal advocacy. Our focus in recent writings ...
The compassionate release misnomer is easy to understand: Perhaps the most salient group of beneficiaries is comprised of prisoners with terminal illnesses. 4Open this footnote Close this footnote 4 ...
A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...
This episode and others are suggestive of the increasing strain on prosecutors charged with implementing Administration directives that may improperly target opponents or reward supporters. While ...
In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...
Within the context of government grants to private entities conditioned on restrictions of speech, scholars and courts have been grasping for something like an extension of Dole’s independent ...
Opponents of these blocking laws have signaled plans to bring legal challenges under the Full Faith and Credit Clause of Article IV of the U.S. Constitution, which obligates states to recognize the ...
But a word might be invoked more frequently in one sense than another for reasons that have little to do with the common understanding of that word. More specifically, the frequency with which a word ...
Because of Bruen, the Third Circuit expressly discounted the more than 80 earlier precedents upholding the felon-in-possession ban: Of course, a court might have scrutinized whether a particular group ...
This essay describes how a 1917 misdemeanor case charted the course of civil justice in America for over a century and urges state judiciaries to change course. That was where Alfani conducted ...
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