Volume 103
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CommentaryVol. 103 · Iss. 2
Whose Children?
Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for…
William J. Aceves -
NoteVol. 103 · Iss. 2
Texas and “DExits”: Can the Texas Business Courts Drive Delaware’s Downfall?
Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether…
Katherine M. O'Quinn -
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. 1
Personal Jurisdiction and Federalism
Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with…
Scott Dodson -
ArticleVol. 103 · Iss. 1
Drug Dealing: Making Public Pharma Work
The U.S. market for prescription drugs is failing many Americans. Drug prices in the United States are nearly three times higher than in comparable…
Sahil Agrawal, Melissa Barber, Amy Kapczynski & Trudel Pare -
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 -
ArticleVol. 103 · Iss. 1
Cliff Running
Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing…
Dov Fox & William Ortman -
CommentaryVol. 103 · Iss. 1
The Consequences of Ending Birthright Citizenship
On the first day of his second term in office, President Donald Trump issued an executive order purporting to deny citizenship to children born…
Jacob Hamburger -
Online2026
Race as Evidence: The Historical Racial Nexus and Equal Protection
This Essay accepts strict scrutiny as the constitutional terrain within which race-conscious policy must operate and builds a refined framework for equal protection analysis:…
Lisa Owens -
Online2026
Property Rights v. Taxpayer Rights: The Battle Over Tax Foreclosures
Local governments rely on property taxes to fund many essential public services. Owners who do not pay the taxes impose an increased burden on…
Stewart E. Sterk -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
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