Volume 167 (2018-2019)

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 →

Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This… Continue reading →

The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes,… Continue reading →

Research on administrative constitutionalism has generally come out of law schools, from scholars specializing in public law. A limitation of… Continue reading →

The Northwest Ordinance is the fourth of the organic laws of the United States that preceded the U.S. Code, alongside… 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 →