Unwritten Administrative Law and the Regulatory Last Mile
Programs like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act are ostensibly federal. But once… Continue reading →
2025
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Super-Dicta
A weird thing happens when a conscientious, rational judge lacks certainty and has the humility to know it: she will… Continue reading →
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Common-Law Limits on Firearms Purchases by Minors: The Original Understanding
Prohibitions on the purchase and use of firearms by individuals between the ages of eighteen and twenty-one have emerged as… Continue reading →
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Ordinary Public Meaning & Habeas Power to Review State Convictions
Introduction Brown v. Allen affirmed habeas power to review constitutional errors tainting state criminal convictions, and it is the most… Continue reading →
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Memory, Invisibility, & Power
Introduction “The ultimate mark of power may be its invisibility; the ultimate challenge, the exposition of its roots.” When I… Continue reading →
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Kavanaugh, Rahimi, and the Effort to Legitimate Originalism
Introduction United States v. Rahimi provides a new sign of whether the current Supreme Court’s conservative majority can be persuaded… Continue reading →
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Projecting the Past Into the Future of Constitutionalism: History, Atemporality, and American Society
The U.S. Supreme Court is increasingly asserting “history and tradition” as the standard to settle divisive constitutional debates on abortion,… Continue reading →
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Manufacturing Good Faith
In 2022, the Delaware Supreme Court decided Boardwalk Pipeline Partners, LP v. Bandera Master Fund LP, 288 A.3d 1083 (Del.… Continue reading →
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Default Procedures
In vast numbers of debt-collection cases, defendants never appear. Courts then routinely issue default judgments, often rubber stamping complaints with… Continue reading →
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The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s… Continue reading →