Volume 167 (2018-2019)

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

To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →

Administrative constitutionalism has been defined as “regulatory agencies’ interpretation and implementation of constitutional law,” and has come to represent a… Continue reading →

Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make… Continue reading →

Administrative constitutionalism can be defined broadly or narrowly. Defined most broadly, it refers to agencies’ role in constructing constitutional norms… Continue reading →

By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article… Continue reading →

In the debate about who controls the meaning of the Constitution, popular constitutionalism appears to be losing. Popular constitutionalist methods… 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 →