In this Exchange, Daniel S. Harawa and Michael R. Ulrich examine the implications of United States v. Rahimi for the future of Second Amendment rights. Together, these pieces reveal how Rahimi exposes ...
abstract. In recent articles, a number of scholars have cast doubt on the originalist enterprise of reviving the nondelegation doctrine. In the most provocative of these, Julian Mortenson and Nicholas ...
This Essay explores the people’s right to amend state constitutions and threats to that right today. It explains how democratic proportionality review can help courts distinguish unconstitutional ...
abstract. Antibodies constitute a staggering $145 billion annual market—an amount projected to almost double by 2026. Consequently, patents covering antibodies are among the most valuable in the ...
When Congress creates a statutory cause of action, some required elements of that cause of action may be considered “jurisdictional,” while others may not. The difference between jurisdictional and ...
abstract. For a decade and a half, Facebook has dominated the landscape of digital social networks, becoming one of the most powerful arbiters of online speech. Twenty-four hours a day, seven days a ...
Everyone believes that immigration law has been exceptional since its late nineteenth-century birth—insulated from judicial review by the Court’s creation of the “plenary power doctrine.” But early ...
abstract. Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many ...
abstract. This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. A typical business corporation pools together a large number of ...
abstract. Will advances in robotics, artificial intelligence, and machine learning put vast swaths of the labor force out of work or into fierce competition for the jobs that remain? Or, as in the ...
abstract. In addition to “persons, houses, [and] papers,” the Constitution protects individuals against unreasonable searches and seizures of “effects.” However, “effects” have received considerably ...
Last summer, the D.C. Circuit upheld a statute that gives the President the power to remove judges of the United States Tax Court. 1 Kathleen and Peter Kuretski, a taxpayer couple, had challenged the ...