Topic
Legal History
Posts
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NoteVol. 103 · Iss. 4
Loosening the Confidentiality Straitjacket
In May 2024, the Federal Trade Commission (FTC) finalized its rule invalidating most non-competition agreements for approximately thirty million workers across the United States.…
Jaden A. Lanza -
ArticleVol. 103 · Iss. 4
Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era
The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision.…
Edward H. Stiglitz -
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. 3
Consumer Agents
In the twenty-first-century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would…
Rory Van Loo -
ArticleVol. 103 · Iss. 3
“Original History” and the Free Exercise Case for Religious Charter Schools
Only rarely is it publicly known which Supreme Court Justice holds the decisive vote on a blockbuster issue because the other eight have already…
Aaron Tang & Ethan Hutt -
Online2026
Land-Grant Universities
In their groundbreaking High Country News article on “land-grab universities,” Robert Lee and Tristian Ahtone argue that Congress’s 1862 Morrill Act, which famously granted…
Michael Banerjee -
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. 102 · Iss. 6
Foreword: The Curiously Minor Role of Minor v. Happersett
This symposium marks the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment’s Privileges or Immunities Clause…
Susan Frelich Appleton, Travis Crum & Hannah Keidan -
ArticleVol. 102 · Iss. 6
“May It Please Her Honor”: The United States’ First Women Judges, 1870-1930
Between 1870 and 1930, hundreds of women served as judges in the United States. While a small number compared to the men who served,…
Elizabeth D. Katz -
ArticleVol. 102 · Iss. 6
Phyllis Schlafly and How Forgetting Women’s Struggles for Equality Perpetuates Inequality
At the end of 1922, the Washington Times asked Alice Paul to predict how “modern feminism” would shape “the course of history in the…
Jill Elaine Hasday -
ArticleVol. 102 · Iss. 6
Citizenship and Empire in Elk v. Wilkins
In 1884, the Supreme Court held that the Fourteenth Amendment’s guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins,…
Alexandra Fay