Topic
Textualism
Posts
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ArticleVol. 103 · Iss. 1
When is Discrimination Harmful?
In Muldrow v. City of St. Louis, the Supreme Court held that Title VII does not require a plaintiff to establish material harm to…
Sandra F. Sperino -
NoteVol. 102 · Iss. 5
Crystal Courts and Muddy Waters: Wetland Regulation in a Post-Sackett World
In Sackett v. EPA, the Supreme Court held that the EPA lacks jurisdiction under the Clean Water Act to regulate wetlands, unless those wetlands…
Andrew R. Hilty -
ArticleVol. 102 · Iss. 5
Accidental Arbitration
The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. This…
David Horton -
ArticleVol. 102 · Iss. 2
The Rule of Lenity and Affirmative Defenses
The rule of lenity is undergoing a renaissance. Lenity requires courts to construct ambiguous penal statutes narrowly. In recent years, scholars have sought to…
Steffen Seitz -
ArticleVol. 102 · Iss. 2
The Original Meaning of Equity
Equity is seeing a new wave of attention in scholarship and practice. Yet, as this Article argues, our current understanding of equity is divided…
Asaf Raz -
NoteVol. 101 · Iss. 5
Tribal Sovereignty & Sovereign Immunity In Bankruptcy
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his…
Justin Desjardins -
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. 87 · Iss. 3
Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?
There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice…
Meghan J. Ryan -
NoteVol. 96 · Iss. 2
Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.
Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. The current version of the “Patent Venue Statute”…
David A. Serati -
ArticleVol. 93 · Iss. 2
Federal Securities Fraud Litigation as a Lawmaking Partnership
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The…
Jill E. Fisch -
ArticleVol. 97 · Iss. 2
Criminal Clear Statement Rules
There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly…
Carissa Byrne Hessick & Joseph E. Kennedy -
ArticleVol. 90 · Iss. 3
Lies Without Liars? Janus Capital and Conservative Securities Jurisprudence
In Janus Capital Group, Inc. v. First Derivative Traders, the Supreme Court held that even if a mutual fund advisory firm had caused a…
Donald C. Langevoort