Policing as General Warrants
The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst… Continue reading →
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Unwritten Administrative Law and the Regulatory Last Mile
Programs like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act are ostensibly federal. But once… Continue reading →
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Super-Dicta
A weird thing happens when a conscientious, rational judge lacks certainty and has the humility to know it: she will… Continue reading →
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Projecting the Past Into the Future of Constitutionalism: History, Atemporality, and American Society
The U.S. Supreme Court is increasingly asserting “history and tradition” as the standard to settle divisive constitutional debates on abortion,… Continue reading →
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Default Procedures
In vast numbers of debt-collection cases, defendants never appear. Courts then routinely issue default judgments, often rubber stamping complaints with… Continue reading →
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The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s… Continue reading →
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Ancillary Rights
Many constitutional rights would be useless if certain conduct ancillary to those rights was not also protected. The Second Amendment… Continue reading →
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Philadelphia’s Prolonged Youth-Detention Problem: A Survey of Potential Legal Challenges
Introduction Philadelphia’s youth detention facilities have been inadequate for decades. Ideally, these facilities house youth for short periods as their… Continue reading →
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Debt Tokens
The worlds of crypto and bankruptcy have collided. Once-prominent, fast-growing, and even politically influential platforms for trading cryptocurrencies have imploded… Continue reading →
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Prosecuting Families
Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family… Continue reading →