Standing Outside of Article III
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists… Continue reading →
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists… Continue reading →
What good is Article V? The Constitution’s amendment rule renders the text inflexible, countermajoritarian, and insensitive to important contemporary constituencies.… Continue reading →
At one point or another, every law student likely encounters Lujan v. Defenders of Wildlife, in which the Supreme Court… Continue reading →
The U.S. Supreme Court granted certiorari in Star Athletica, LLC v. Varsity Brands, Inc. to decide “[w]hat is the appropriate… Continue reading →
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
According to the majority in Star Athletica v. Varsity Brands, features that are incorporated into a useful article are separable,… Continue reading →
Introduction Although not yet explored in the legal scholarship, net asset value or “NAV” financing—debt generally taken out at the… Continue reading →
There is something missing in interpretive theory. Recent controversies—involving, for example, the first travel ban and funding for sanctuary cities—demonstrate… Continue reading →
Professor Orin Kerr has proposed an elegant new thought experiment in his piece, The Next Generation Communications Privacy Act. The… Continue reading →