Topic
Constitutional Interpretation
Posts
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ArticleVol. 104 · Iss. 2
Fairness and Excess in Asset Forfeiture
Every year, federal, state, and local law enforcement agencies take ownership of billions of dollars’ worth of property that is thought to be connected…
Stephanie Holmes Didwania & Matthew B. Kugler -
NoteVol. 103 · Iss. 2
The Evolution of Standing and the Need for Foundational Realism: A Historical Inquiry from Hayburn to Harvard
This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such…
Elliot A. Mermel -
ArticleVol. 103 · Iss. 2
The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?
Fourth Amendment law has two “search” tests: The Katz privacy test and the Jones property test. Lower courts are not sure what the difference…
Orin S. Kerr -
ArticleVol. 101 · Iss. 1
Judicial Moral Prophecy
American judges decry past moral lapses as intolerable. They paint their predecessors’ worst mistakes as tragedies that must never be allowed to happen again.…
Daniel B. Rice -
NoteVol. 100 · Iss. 3
Addressing the Supreme Court’s Half-Baked Eighth Amendment Majoritarianism: How States Can Use Advisory Ballot Questions to Give More Legitimacy to the Court’s Death Penalty Decisions
Introduction Over its half-century-long struggle with how to determine whether a particular application of the death penalty is unconstitutional under the Eighth Amendment’s prohibition…
Dominic Ferrante -
ArticleVol. 88 · Iss. 6
Constitutional Precedents in Japan: A Comment on the Role of Precedent
In this Article, the author comments on the views of Professor Hiroshi Itoh about the approach of the Japanese Supreme Court towards constitutional precedents.…
Shigenori Matsui -
ArticleVol. 88 · Iss. 6
Judicialization of Politics and the Japanese Supreme Court
The Article focuses on the author’s comments to the article of Professor Shigenori Matsui which stresses the conservatism of the Japanese Supreme Court. It…
Tokujin Matsudaira -
ArticleVol. 88 · Iss. 6
The Japanese Constitution As Law and the Legitimacy of the Supreme Court’s Constitutional Decisions: A Response to Matsui
The Article focuses on the author’s comments to the article of Professor Shigenori Matsui about the conservative jurisprudence of the Japanese Supreme Court. It…
Craig Martin -
ArticleVol. 88 · Iss. 6
Constitutional Adjudication in Japan: Context, Structures, and Values
The Article focuses on the author’s views about the judicial decision making of the Japanese Supreme Court. It presents a comparative study of the…
John Owen Haley -
ArticleVol. 88 · Iss. 6
Why Is the Japanese Supreme Court So Conservative?
The Article explores the development of a conservative constitutional jurisprudence by the Japanese Supreme Court. It describes the process and the power of judicial…
Shigenori Matsui -
NoteVol. 88 · Iss. 3
From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic…
Micah Zeller -
CommentaryVol. 88 · Iss. 2
A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a reply to the fictional…
Eric J. Segall