Harvard Law Review

The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?

Zack Smith, Donald A. Daugherty

Each Supreme Court term over the past several years seems to produce more momentous decisions...

Standing Doctrine and Original Meaning at the Alabama Supreme Court

Joel S. Nolette

  Within certain limits,[1] our federalist system leaves states free to give their branches of...

The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?

Ronald A. Cass

Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...

Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct

Michael S. McGinniss

[T]he judiciary is beyond comparison the weakest of the three departments of power; that it...

Religious Liberty Apologetics

Thomas C. Berg

Nick Reaves and Matthew Krauter have written a fine review, in this journal,[1] of my...

Toward a More Confident State Constitutionalism

Steve J. Markman

This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...

Racial Preferences in Economic Benefits: From Widely Accepted to Legally Indefensible

George R. La Noue

As the United States began to emerge from its long history of legal segregation and...

A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government

Johnathan O'Neill

Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...