Topic
Jurisprudence
Posts
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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 -
ArticleVol. 102 · Iss. 2
Judicial Review In Public and Private Governance
In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited judicial deference to universities. In West Virginia…
Tomer S. Stein -
ArticleVol. 101 · Iss. 6
Criminal Law’s Hidden Consensus
American criminal law is facing a crisis of meaning. In our mass incarceration era, most argue that we are prosecuting too many, too often,…
Steven Arrigg Koh -
ArticleVol. 101 · Iss. 6
Does The State Have an Obligation Not To Enforce The Law?
Does the State have any obligation not to enforce its own law? Scholars have long debated whether and to what extent we—that is, us…
W. Robert Thomas -
CommentaryVol. 101 · Iss. 4
The Consent of the Governed: Resistance as Constituent Power
The legal status of resistance to tyranny as a universal human right has received little attention in recent years. Following the conclusion of World…
Leigha Crout -
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 -
ArticleVol. 100 · Iss. 4
Property and the Problem of Disuse
Abstract Property often lies idle, even in times of dire need. Property scholars have largely overlooked this enduring social problem. The oversight is surprising,…
Nate Ela -
ArticleVol. 99 · Iss. 6
The Marital Habitus
The law on the books has recognized the right of cohabitants to create enforceable legal obligations with each other for half a century. Yet…
Kaiponanea T. Matsumura -
ArticleVol. 87 · Iss. 2
Is There a Law Instinct?
The widely held view is that legal systems develop in response to purposeful efforts to achieve economic, political, or social objectives. An alternative view…
Michael D. Guttentag -
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. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
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