By Joseph Blocher. Full text here. Jurisdiction stripping is the new constitutional amendment, and the Exceptions Clause is the new Article V. But despite legal academia’s long-running obsessions with the meaning of constitutional amendment and the limits (if any) on Congress’s power to control federal jurisdiction, we still lack even a basic understanding of how these…

By Kevin K. Washburn. Full text here. The Supreme Court’s landmark 1976 decision in Bryan v. Itasca County is known within Indian law academia for the story Professors Philip Frickey and William Eskridge tell about the case: it reflects the dynamic and pragmatic interpretation of a termination-era statute to limit termination’s harmful legacy during a more…

By Jonathan R. Siegel. Full text here. Professor Adrian Vermeule’s new book, Judging Under Uncertainty, argues that while no one can empirically determine whether any net benefits arise from judicial use of legislative history or other interpretive methods that go beyond simple enforcement of plain text, such interpretive methods do impose substantial costs. Vermeule concludes,…

By Todd E. Pettys. Full text here. Nearly 150 years ago, the United States Supreme Court rebuffed efforts by the Wisconsin Supreme Court to free an abolitionist and an unhappy teenaged soldier from federal confinement. Since that point in history, it has been widely understood that state courts lack the power to grant habeas relief to…

By Catherine L. Fisk & Michael M. Oswalt. Full text here.

By Nelson Lichtenstein. Full text here.

By Michael J. Wishnie. Full text here.

By David Weissbrodt. Full text here.

By Peggie R. Smith. Full text here.

By Ellen Dannin. Full text here.