Topic
Legal History
Posts
-
ArticleVol. 103 · Iss. 6
Tariffs and the Taxing Power: Historical Lessons for Major Questions and Nondelegation
Abstract American law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the…
Conor Clarke & Ari Glogower -
ArticleVol. 103 · Iss. 6
Public Functions and Private Resources
Abstract At the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions…
Zachary S. Price -
NoteVol. 103 · Iss. 5
Boiler Wrecks, Tainted Meat, and Other Red Flags: Lessons from the Industrial Revolution for AI Regulation
Introduction California’s Senate Bill 1047 (S.B. 1047), known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, represents a significant early…
Keith Lindsey, Jr. -
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