Church Taxes and the Original Understanding of the Establishment Clause
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →
Congress has a bureaucracy. This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the… Continue reading →
In the context of domestic criminal surveillance, law enforcement agencies have historically relied on the practice of obtaining user information… Continue reading →
Article II of the Constitution vests “the executive power” in the President. Advocates of presidential power have long claimed that… Continue reading →
Rather than quietly revive cost-of-service rate regulation, this Article argues that FERC should simplify reserve requirements, stop counteracting state clean… Continue reading →
American copyright law has undergone an unappreciated conceptual transformation over the course of the last century. Originally conceived of as… Continue reading →