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In daily personal market transactions, the dynamics of mutual gain were once readily apparent. A buyer of meat from a butcher could readily see that he valued the meat more than th...
Law professors have finally found a positive aspect of Dobbs v. Jackson Women’s Health Organization, the case that overruled Roe v. Wade’s creation of constitutionally protected ab...
Artificial intelligence is improving both quickly and in ways that increasingly matter for legal practice and legal education. One of the most important developments has been the r...
I correctly predicted that Coach Kavanaugh would have the transgender sports cases and the Chief would write birthright citizenship. I… The post The Final Recap of Authorship Predi...
Hunter presented a weird syncretism between Amy Coney Barrett's scholarship and her jurisprudence.
In the 1980s, he started a movement to restore the Constitution to judging. It has come a long way.
James Wilson's vision of a Constitution rooted in the people anticipated Lincoln, Reconstruction, and modern constitutional democracy.
Final articles now in "print"
Today was a busy day at the Court. The Justices handed down five opinions, though none were major. I've read… The post Authorship Predictions For The Remaining Cases appeared first...
Justice Barrett's views on the Supreme Court's supervisory power were set two decades ago; what about her views on the Free Exercise Clause?
The John Roberts-written ruling on birthplace citizenship marks a chief justice who has sacrificed judicial courage at the altar of comity.
Plus: Gordon Wood, RIP
Slaughter and Cook were bundled together, as the Chief (likely) instructed.
For decades, political conservatives have been clamoring for “originalist” and “textualist” interpretations of the U.S. Constitution because they want to conserve the frozen-in-tim...
The 8-member majority split 2-3-3.
A guest post from Professor Arthur Hellman.
Today the Court decided four more cases, including three opinions by Justice Alito. How did my predictions from Tuesday fare?… The post Revisiting My Authorship Predictions And Mak...
David Griffith on going for truth.
Whereas Thomas plants the beacon on where SCOTUS should be on an issue, Alito is willing to stake out a milder position to help get it there over time.
It has become received wisdom by the legal intelligentsia that the Supreme Court is illegitimate. They charge that the conservative justices are engaging in politicized decisions t...
7/15/1819: John Marshall publishes defense of McCulloch v. Maryland in the Alexandria Gazette under the pseudonym "A Friend of the… The post Today in Supreme Court History: July 15...
Law professor Shaun Ossei-Owusu dissects the shortcomings of the American legal system and holds it to a fairer, more humane standard.
In his abstruse “Substantive Due Process Is Still Antidemocratic,” the Manhattan Institute’s Tal Fortgang critiques a California Law Review essay from two Yale Law denizens, Dougla...
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