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In the debate about who controls the meaning of the Constitution, popular constitutionalism appears to be losing. Popular constitutionalist methods… Continue reading →

An exploration into the roots and ends of Administration. Continue reading →

How can the nondelegation doctrine still exist when the Court over decades has approved so many pieces of legislation with… Continue reading →

“Presidential constitutionalism” has a distinctive origin in the duties of the President laid out in the Constitution. This article will… Continue reading →

To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →

A foundational question in every dispute over intellectual property is whether the defendant’s product is too similar to the plaintiff’s.… Continue reading →

This Article analyzes the current divergence between due process doctrine and practice. It begins by tracing the shift from the… Continue reading →

One of the most perilous pitfalls of constitutional criminal procedure scholarship is the inexact treatment of race vis‐a‐vis the Sixth… Continue reading →

To overcome congressional gridlock, lawmakers have developed devices that, under certain conditions, provide easier paths to policy change. Procedural mechanisms… Continue reading →

Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important… Continue reading →