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 →
Search results for: “Article”
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The Function of Article V
What good is Article V? The Constitution’s amendment rule renders the text inflexible, countermajoritarian, and insensitive to important contemporary constituencies.… Continue reading →
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Litigating Article III Standing: A Proposed Solution to the Serious (But Unrecognized) Separation of Powers Problem
At one point or another, every law student likely encounters Lujan v. Defenders of Wildlife, in which the Supreme Court… Continue reading →
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What is a “Useful Article” in Copyright Law After Star Athletica?
The U.S. Supreme Court granted certiorari in Star Athletica, LLC v. Varsity Brands, Inc. to decide “[w]hat is the appropriate… Continue reading →
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Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… 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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Trump v. United States and the Separation of Powers
Introduction Trump v. United States is a blockbuster decision that has been reviled and celebrated by different quarters of American… Continue reading →
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Now Accepting Proposals for Vol. 174 Symposium Latest in Print Latest in Online Latest Events See generally Podcast The University… Continue reading →
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Congress’s Constitution
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
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Knowing Separability When We See It
According to the majority in Star Athletica v. Varsity Brands, features that are incorporated into a useful article are separable,… Continue reading →