Introduction This past June, in a decision already heralded as marking a “landmark shift in administrative law,” the Supreme Court in Trump v. CASA, Inc. held that federal courts “likely” lacked the ...
Ms. Donaldson, a mother of three, receives an eviction notice. She shows up in court, like so many other tenants, without a lawyer, facing an experienced landlord’s attorney who has been before the ...
Opponents of these blocking laws have signaled plans to bring legal challenges under the Full Faith and Credit Clause of Article IV of the U.S. Constitution, which obligates states to recognize the ...
In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...
A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...
The phrase “rule of law” travels easily across borders and languages. In speeches by presidents and popes, in the communiqués of the United Nations and the European Union, it signals something ...
The rest of this Essay proceeds in three parts. Part I briefly recounts the use of the “set aside” language in federal statutes providing for judicial review—from the term’s debut appearance in the ...
Leading up to oral argument in the same-sex marriage cases, it was reasonable to wonder whether the Indiana episode was evidence of an irreconcilable conflict between same-sex marriage and religious ...
A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...
This episode and others are suggestive of the increasing strain on prosecutors charged with implementing Administration directives that may improperly target opponents or reward supporters. While ...
EO 14230 is not merely bureaucratic overreach; it is, as Judge Howell suggested during the initial hearing, a directive that “puts the cart before the horse” and mirrors “what happened during the Red ...
Within the context of government grants to private entities conditioned on restrictions of speech, scholars and courts have been grasping for something like an extension of Dole’s independent ...
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