Will the Real Shareholder Primacy Please Stand Up?
Introduction In 2019, the Business Roundtable (BRT), a fifty-year-old association of American chief executive officers, shocked corporate governance theorists with a new statement of corporate...
View ArticleColoring in the Fourth Amendment
Abstract For decades, a question has simmered in criminal procedure: Can the Fourth Amendment seizure analysis account for a suspect’s race? Scholars have long advocated for courts to consider race...
View ArticleThe Constrained Override: Canadian Lessons for American Judicial Review
Who gets to decide what the U.S. Constitution means? At least since the turn of the century, the Justices on the Supreme Court have made their answer clear: the courts. But a growing wave of scholars...
View ArticleAppendix for District Court Reform: Nationwide Injunctions
This Appendix provides the dataset used in the Developments in the Law Chapter on nationwide injunctions. The table below lists nationwide injunctions issued from 1963 through the end of 2023, as...
View ArticleDistrict Court Reform: Nationwide Injunctions
On November 18, 2022, months after the Supreme Court overturned Roe v. Wade, a group of antiabortion doctors and organizations brought suit in the U.S. District Court for the Northern District of...
View ArticleJudicial Ethics
[T]he [S]upreme [C]ourt . . . [will] have a right, independent of the legislature, to give a construction to the [C]onstitution and every part of it, and there is no power provided in this system to...
View ArticleReform Congress, Not the Court
Public approval of the Supreme Court has fallen to historic lows. The Court is not alone. Trust in government has collapsed. Only twenty-six percent of Americans have a favorable view of Congress....
View ArticleConfusion and Clarity in the Case for Supreme Court Reform
Supreme Court reform is in the air. Different people want different changes for different reasons, but they come together in an excited buzz about changing the Court. This excitement is out of the...
View ArticleIntroduction
Yeniifer Alvarez arrived in the United States from San Luis Potosí, Mexico, in 1998, when she was three years old. Her family settled in Luling, Texas, about fifty miles south of Austin. After her...
View ArticleDevelopments in the Law — Court Reform
Contents Introduction Chapter One: Confusion and Clarity in the Case for Supreme Court Reform Chapter Two: Reform Congress, Not the Court Chapter Three: Judicial Ethics Chapter Four: District Court...
View ArticleColindres v.United States Department of State
The refrain that noncitizen entrants to the United States ought to have taken legal routes available to them often betrays an underlying assumption that there are such paths. This assumption belies...
View ArticleKiviti v. Bhatt
Bankruptcy courts do not exercise the “judicial Power of the United States,” nor do their judges receive Article III tenure protections. Because bankruptcy courts are not Article III courts, their...
View ArticleThe Presumption Against Novelty in the Roberts Court’s Separation-of-Powers...
On the penultimate day of its October 2019 Term, the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, declaring that the structure of the CFPB unconstitutionally infringed...
View ArticleHalting Administrative Action in the Supreme Court
“It takes time to decide a case on appeal.” Time can be the helpful friend or the potent foe of a litigant. It depends. Will the litigant’s favored legal position, or his opponent’s, govern his legal...
View ArticleKānāwai From Ahi: Revitalizing The Hawai‘i Water Code in the Wake of the Maui...
When the Maui wildfires in August 2023 forced Tereari‘i Chandler-‘Īao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use–permit applications. The final item...
View Article“Hereinafter”: Workplace Protections, The State Attorney General’s Settlement...
Introduction The debate over workers’ rights rages on. This is not a partisan issue. Scholars have argued that, echoing the “moment of contract supremacy” known as the Lochner era, coercive employment...
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Bail at the Founding
Abstract How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on...
View ArticleThe Role of Certiorari in Emergency Relief
Emergency relief at the Supreme Court takes two major forms: injunctions pending appeal and stays pending appeal. An injunction pending appeal “directs the conduct of a party” while the appeals...
View ArticleThe Second Coming of Political Liberalism
Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit basic legal doctrines and to undo core constitutional...
View ArticleIn Memoriam: Justice Sandra Day O’Connor
Chief Justice John G. Roberts, Jr.* In a bench statement delivered when the Supreme Court convened on December 4, 2023, Chief Justice Roberts offered a tribute to Justice O’Connor. We are grateful to...
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