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Tag: Essay
This world is vast, dangerous, and dying. You take your first steps, uncertain of who you are, where you are going, or who is responsible …
This Essay takes as its jumping-off point Jack Balkin’s claim that judicial decisions both rely on constitutional memory and produce constitutional memory. It discusses the …
Introduction Imagine you are charged with a felony. You are indigent, so the judge appoints a lawyer to represent you. Several months later, you are …
In the last few years, the Supreme Court has embraced a formalist approach to separation of powers law, allegedly justified by the Constitution’s “original meaning.” …
The doctrine of copyright exhaustion conceals a substantial and underappreciated subsidy at the heart of American copyright law. For more than a century, it has …
On July 4, 2025, President Donald J. Trump signed into law the One Big Beautiful Bill Act (OBBBA). This new law was built on the …
