Topic
Legal History
Posts
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ArticleVol. 97 · Iss. 6
Reconsidering Thornton v. Caldor
Thirty-five years ago, the United States Supreme Court decided Estate of Thornton v. Caldor. Caldor struck down, on Establishment Clause grounds, a Connecticut statute…
Christopher C. Lund -
ArticleVol. 91 · Iss. 4
The Anomaly of Entrapment
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying…
Jessica A. Roth -
ArticleVol. 91 · Iss. 4
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…
Sergio J. Campos & Gregory Koger -
ArticleVol. 97 · Iss. 4
Illegitimate Citizenship Rules
In 2017, the Supreme Court decided Sessions v. Morales-Santana, a challenge to 8 U.S.C. § 1409, the law governing the conferral of U.S. citizenship…
Leticia Saucedo & Rose Cuison Villazor -
ArticleVol. 91 · Iss. 3
Strange Bedfellows at Work: Neomaternalism in the Making of Sex Discrimination Law
In contests about pregnancy discrimination during the 1970s, feminists, the business lobby, and anti-abortion activists disputed the meaning of sex equality. Existing scholarship has…
Deborah Dinner -
ArticleVol. 97 · Iss. 2
Technologically Distorted Conceptions of Punishment
Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing…
Jessica M. Eaglin -
ArticleVol. 98 · Iss. 6
Delaware’s Fiduciary Imagination: Going-Privates and Lord Eldon’s Reprise
What does it mean to be a fiduciary and does it really matter whether the law labels a person a fiduciary or not? Until…
David Kershaw -
ArticleVol. 98 · Iss. 6
Stop Blaming Milton Friedman!
A 1970 New York Times essay on corporate social responsibility by Milton Friedman is often said to have launched a shareholder-focused reorientation of managerial priorities in…
Brian R. Cheffins -
ArticleVol. 98 · Iss. 4
Racial Transition
The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of…
Yuvraj Joshi -
NoteVol. 98 · Iss. 4
Reimagining the “Team Four Plan” With an Eye Toward Community Collaboration and Private Capital
This Note seeks to explore the historical underpinnings of the Team Four Plan by considering St. Louis’s dramatic economic decline alongside a citywide panic regarding the fate…
Morgan Seim -
ArticleVol. 98 · Iss. 3
Economic Regulation and Rural America
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been “left behind.” The…
Ann M. Eisenberg -
ArticleVol. 90 · Iss. 6
The Ancient Mariner of Constitutional Law: The Historical, Yet Declining Role of Navigability
“Navigability”—the degree to which a particular water body can be used by various boats and other watercraft—has a long, important history in federal constitutional…
Robert W. Adler