The Supreme Court has traditionally maintained that Article III of the Constitution restricts the federal courts to deciding cases.  On… Read More

Frustrated with the outcome of the 2020 presidential election, members of the Trump White House produced a draft executive order… Read More

The U.S. antitrust order is undergoing a radical challenge along three key dimensions.  First, the challengers seek to denaturalize markets… Read More

The recent release of Justice John Paul Stevens’s papers for the Supreme Court’s 1995 term reveals the existence of a… Read More

A Fourth Amendment exception that was originally executed by private parties dealing with physical goods has now evolved into a… Read More

Academic freedom enjoys an uncertain status in American constitutional law under the First Amendment.  It is particularly unclear how the… Read More

The Roberts Court’s most important project is nothing less than a counter-reformation of administrative law.  Its originalist and formalist majority… Read More

The internal affairs doctrine provides that the law of the organizing state will apply to matters pertaining to a business… Read More

America is now home to a burgeoning prison abolitionist movement.  The word abolition focuses on a negative goal, but prison… Read More

The Supreme Court has long made clear that parents have a constitutionally protected interest in the care, custody, and control… Read More

Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts.  Despite their importance,… Read More

If there is a body of law that is ripe for reappraisal in light of changing times, it is defamation… Read More