Vol. 76, Issue 1, 2024

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.

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...

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.

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...

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...