Topic
Article III
Posts
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ArticleVol. 103 · Iss. 4
Bypassing Agency Adjudication
This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under…
Brian M. Lipshutz -
ArticleVol. 103 · Iss. 2
Constitutional Private Law
Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a…
E. Garrett West -
CommentaryVol. 102 · Iss. 4
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating…
Jayanth K. Krishnan -
ArticleVol. 88 · Iss. 5
Jurisdiction by Cross-Reference
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to…
Lumen N. Mulligan -
NoteVol. 91 · Iss. 5
“I [Won’t] Follow You”: The Misguided, and Dangerous, Interpretation of Constitutional Extraterritoriality in United States v. Ali
Not only is United States citizenship a “high privilege,” it is a priceless treasure. For that citizenship is enriched beyond price by our goal…
Isaac D. Chaput -
ArticleVol. 98 · Iss. 3
Active Virtues
Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy.…
Michael D. Gilbert & Mauricio A. Guim