Topic
Legal History
Posts
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ArticleVol. 101 · Iss. 1
The Territories Under Text, History, and Tradition
In two of its major decisions in the 2021–2022 Term, New York State Rifle & Pistol Ass’n v. Bruen and Dobbs v. Jackson Women’s…
Andrew Willinger -
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. 5
Good Intentions: Administrative Fiat and the General Welfare Exclusion
Abstract Since its introduction in 1913, the federal income tax has viewed income expansively, subjecting virtually all types of enrichment as gross income unless…
Samuel D. Brunson & Christian A. Johnson -
Online2023
Stalwarts of Stare Decisis: Lessons From Early Supreme Court Reporters for the Digital Age
Introduction As a young nation, the United States maintained a common law legal system transplanted from England. Common law legal systems are defined by…
Cale Bouchey -
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. 2
The Rediscovered Stages of Agency Adjudication
ABSTRACT Modern administrative law understands the Administrative Procedure Act (APA) to establish an informal and a formal procedural mode of two types of agency…
Emily S. Bremer -
ArticleVol. 99 · Iss. 2
A Reign of Error: Property Rights and Stare Decisis
ABSTRACT Mistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest…
Michael Allan Wolf -
ArticleVol. 99 · Iss. 2
Diversity Jurisdiction and the Common-Law Scope of the Civil Action
Introduction and Summary of Argument Federal law generally grants federal district courts subject-matter jurisdiction over prescribed “civil actions.” But despite the ubiquity of the…
Patrick Woolley -
ArticleVol. 99 · Iss. 1
The Contingent Origins of Financial Legislation
ABSTRACT Courts and scholars often view major financial legislation warily. One popular theory holds that Congress only legislates in this area when pushed by opportunistic activists…
Peter Conti-Brown & Brian D. Feinstein -
ArticleVol. 87 · Iss. 5
Rediscovering Oyama v. California: At the Intersection of Property, Race, and Citizenship
Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California’s Alien Land Law,…
Rose Cuison Villazor -
ArticleVol. 87 · Iss. 4
The Procedural Foundation of Substantive Law
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also…
Thomas O. Main -
ArticleVol. 88 · Iss. 6
Reserved Seats on Japan’s Supreme Court
The Article examines the decision on the allocation of seats to private attorneys and scholars in the Japanese Supreme Court. It outlines the reallocation…
Lawrence Repeta