Articles
A New Foundation for Property Rights?: A Helpful but Flawed Contribution
A review of: Property and Human Flourishing, by Gregory S. Alexander, https://global.oup.com/academic/product/property-and-human-flourishing-9780190860745?cc=us&lang=en& Note from the Editor: ...
Giving Credit for Shaping the Constitution
A review of: The Lives of the Constitution: Ten Exceptional Minds That Shaped America’s Supreme Law,...
The GDPR: What It Really Does and How the U.S. Can Chart a Better Course
Note from the Editor: This article discusses the European Union’s new General Data Protection Rule...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Note from the Editor: This article argues that, while judicial deference to agency decisions is...
A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service
Note from the Editor: This article previews one of the first cases of the Supreme...
Party Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine
Note from the Editor: This article discusses Gundy v. United States, a case involving the...
Can Americans Reconcile Our Constitutional System With an Expansive Administrative State?
A review of: Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph...
Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld
Note from the Editor: This article discusses the Supreme Court’s opinion in Minnesota Voters Alliance...
The Student Right to Counsel
Note from the Editor: This article argues that a student right to counsel in quasi-criminal...
Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims
Note from the Editor: This article discusses the Supreme Court’s opinion in Gill v. Whitford...
Capital Punishment: A One-Sided Contribution to a Complex Debate
A review of: End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, by...
“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources
Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and...
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions
Note from the Editor: This article asks whether the Constitution granted eminent domain power to...
Why DoD Should Adopt a Multi-Cloud IT Strategy
Note from the Editor: This article describes how companies approach cloud based services, and it...
Why Constitutional Lawyers Need to Know Latin
Note from the Editor: This article discusses the role of the Latin language and other...
Impeachment: The Constitution’s Fiduciary Meaning of “High . . . Misdemeanors”
Note from the Editor: This article explores the meaning of the phrase “high . ....
Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity
Note from the Editor: This article discusses the extraterritoriality doctrine and whether and how it...