Topic

Legal History

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  • ArticleVol. 101 · Iss. 5

    Digital Rummaging

    The digital world encodes our lives with incriminating clues. How you travel, live, love, and shop are tracked through growing surveillance technologies. Police have…

  • ArticleVol. 101 · Iss. 4

    Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability

    Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…

  • ArticleVol. 101 · Iss. 3

    “Religion,” Before Darwin

    The First Amendment singles out “religion” for special treatment, but the boundaries of that concept have always been difficult to describe. Nevertheless, there is…

  • 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…

  • 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.…

  • 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…

  • 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…

  • 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,…

  • 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…

  • 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…

  • 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…

  • 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…