Review Essay: How a Judge Thinks
By Michael J. Gerhardt. Full text here.
Continue ReadingThe National Surveillance State: A Response to Balkin
By Orin S. Kerr. Full text here.
Continue ReadingThe Limits of Backlash: Assessing the Political Response to Kelo
By Ilya Somin. Full text here. The Supreme Court’s 2005 decision in Kelo v. City of New London, which upheld the power of government to condemn private property for purposes of economic development, generated a massive political backlash from across the political spectrum. Over forty states, as well as the federal government, have enacted post-Kelo reform…
Continue ReadingSpecific Performance and the Thirteenth Amendment
By Nathan B. Oman. Full text here. Black-letter law declares that a contract to perform personal services cannot be specifically enforced. Many courts, scholars, and commentators have claimed that such enforcement would constitute “involuntary servitude” under the Thirteenth Amendment. This Article, however, rejects that conventional wisdom. A careful reading of the history leading to the ratification…
Continue ReadingNote: Native American Rape Victims: Desperately Seeking an Oliphant-Fix
By Marie Quasius. Full text here. Native American women suffer sexual assault at a much higher rate and with more serious consequences than any other racial or ethnic group in the United States. Further, such rapes are overwhelmingly committed by individuals outside the Native American community. Most non-Indian perpetrators, however, go unpunished. The Supreme Court decision…
Continue ReadingNote: Murder and the Military Commissions: Prohibiting the Executive's Unauthorized Expansion of Jurisdiction
By Joseph C. Hansen. Full text here. When Congress passed the Military Commissions Act of 2006 (MCA) to create a military commission system to try detainees held at Guantánamo Bay, it granted the Secretary of Defense the authority to detail the procedural and evidentiary rules. In response, the Secretary promulgated the Manual for Military Commissions (MMC),…
Continue ReadingShaping Supreme Court Policy Through Appointments: The Impact of a New Justice
By Charles Cameron & Jee-Kwang Park, with Deborah Beim. Full text here.
Continue ReadingWartime Judgments of Presidential Power: Striking Down but Not Back
By William G. Howell. Full text here.
Continue ReadingThe Fatally Flawed Theory of the Unbundled Executive
By Steven G. Calabresi & Nicholas Terrell. Full text here.
Continue ReadingDisappearing Districts: Minority Vote Dilution Doctrine as Politics
By Terry Smith. Full text here.
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