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Tag: Articles
ARTICLE The Unitary Executive and the Due Process State Emily S. Bremer* and William N. Eskridge Jr.** In Trump v. Slaughter, the Supreme Court will …
ARTICLE The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment Randy E. Barnett* & Evan D. Bernick** The Privileges …
ARTICLE The Enumerated-Rights Reading of the Privileges or Immunities Clause: A Response to Barnett and Bernick Kurt T. Lash* In 1871, John Bingham explained the …
ARTICLE Whatever Did Happen to the Antitrust Movement? Herbert Hovenkamp* Antitrust in the United States today is caught between its pursuit of technical rules designed …
For years, scholars have been sounding the alarm on “rap on trial,” or the use of rap as evidence in criminal proceedings, pointing out that …
Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which …
In 2022, prices for both brand-name and generic drugs in the United States were nearly three times as high as prices in comparably industrialized nations, …
What is a tort, and what is tort law for? On one leading scholarly account, torts are legal liability rules that seek to promote the …
Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical …
ARTICLE Due Process of War Nathan S. Chapman* The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights …
ARTICLE Costs and Challenges of the Hostile Audience Frederick Schauer* In my own newly famous city of Charlottesville, Virginia,1 as well as in Berkeley,2 Boston,3 …
In 2023, investigative journalists reported multiple instances where billionaires showered Supreme Court Justices with lavish gifts. Previously undisclosed luxury fishing trips, private jet travel, and …