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  • Articles
    Becoming a Doctrine
    Allison Orr Larsen
    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
    Supreme Court Litigators in the Age of Textualism
    Aaron-Andrew Bruhl
    The 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...
  • Articles
    Liquidation and the Fourteenth Amendment
    Susan D. Carle
    In 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.
  • Articles
    Canceling Appellate Precedent
    Lisa TuckerMichael Risch
    In 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...
  • Essays
    Two Justifications for the Major Questions Doctrine
    Cass Sunstein
    There 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...