The Prudential Third-Party Standing of Family-Owned Corporations
On November 26, 2013, the Supreme Court agreed to decide whether for‐profit corporations or their shareholders have standing to challenge… Continue reading →
Search results for: “Article”
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The Ambitions of History and Tradition in and Beyond the Second Amendment
This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts… Continue reading →
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Making Sense of Section 2: Of Biased Votes, Unconstitutional Elections, and Common Law Statutes
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →
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Post-Neoliberal Housing Policy
For the last half-century, housing policy debates and proposals have been dominated by neoliberal, market-based ideas. But after decades of… Continue reading →
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Helping Innocent Defendants in High-Stakes Cases
Professor Thomas proposes an even more radical change of our system that that presented by Bowers’ article—where specially-appointed magistrates, deemed… Continue reading →
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Guilty Pleas and Submarkets
Professor Wright believes that, instead of viewing “defendants” and “prosecutors” as parts of one global market, it would do better… Continue reading →
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Foreign Affairs, Nondelegation, and Original Meaning: Congress’s Delegation of Power to Lay Embargoes in 1794
Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming… Continue reading →
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Sanctions and the Emergency Constitution
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the… Continue reading →
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Economic Security and the Separation of Powers
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign… Continue reading →
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The President’s Authority Over Cross-Border Data Flows
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because… Continue reading →