In the law, words are power. And using the word “doctrine” carries with it a power to
promote legal transformation that is self-conscious, purposeful,
and powerful.
- Articles
- ArticlesThe Supreme Court’s approach to statutory interpretation has moved in a textualist direction over the last several decades, but there is little systematic information on how litigators’ briefing practices...
- ArticlesIn Dobbs v. Jackson Women’s Health Organization and New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court adopted a new standard for interpreting the Fourteenth Amendment.
- ArticlesIn recent years, since soon after Justice Amy Coney Barrett assumed her seat on the United States Supreme Court, the Court has erased more than thirteen politically and legally...
- EssaysThere are two justifications for the major questions doctrine. The first justification, vigorously offered by Justice Neil Gorsuch, might be described as Lockean; it sees the doctrine as an...