National Parks, Incorporated
Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →
2020
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Church Taxes and the Original Understanding of the Establishment Clause
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →
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Detecting Mens Rea in the Brain
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
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A Doctrine Without Exception: Critiquing an Immigration Exception to the Anticommandeering Rule
Federal courts across the country have heard numerous lawsuits about the legality of “sanctuary cities,” which limit cooperation with the… Continue reading →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
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A Personal Essay
History books will have much to say about the year 2020. Many stories will focus on the global battle against COVID-19.… Continue reading →
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Illiberal Law in American Courts
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →
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The Congressional Bureaucracy
Congress has a bureaucracy. This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →
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Availability of Tolling in a Presidential Prosecution
There have been only a few instances in the history of the United States when the conduct of the President… Continue reading →
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The Defender General
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the… Continue reading →