Counsel Fees and Procedural Justice
Introduction Imagine you are charged with a felony. You are indigent, so the judge appoints a lawyer to represent you.… Continue reading →
2025
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Redefining Program Integrity: Protecting Consumers and Systems in the Affordable Care Act Marketplaces
In February 2023, Ashley Zukoski, an ultrasound technologist who already received health insurance through her employer, discovered she had been… Continue reading →
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Energy Emergencies and Energy Federalism
Immediately following his inauguration, President Trump declared a national energy emergency in the United States. While the contours and implications… Continue reading →
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Loper Bright’s Disingenuity
Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling… Continue reading →
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Bruen Was Right
New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions… Continue reading →
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For Sarah
And sometimes remembering will lead to a story, which makes it forever. That’s what stories are for. Stories are for… Continue reading →
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A Tribute to Sarah Lee Best
Sarah Best introduced herself to me in July 2019. She had worked that summer in the General Counsel’s Office at… Continue reading →
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History and Fetishism in the New Separation of Powers Formalism
In the last few years, the Supreme Court has embraced a formalist approach to separation of powers law, allegedly justified… Continue reading →
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Erasing Slavery: The Uses and Misuses of The History of Slavery and Reconstruction in Constitutional Interpretation
This Essay takes as its jumping-off point Jack Balkin’s claim that judicial decisions both rely on constitutional memory and produce… Continue reading →
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Constitutions of Ice and Fire
This world is vast, dangerous, and dying. You take your first steps, uncertain of who you are, where you are… Continue reading →