This Essay, published in the immediate aftermath of Dobbs, offers some initial thoughts about what the changed legal landscape means for abortion rights legal advocacy. Our focus in recent writings ...

The compassionate release misnomer is easy to understand: Perhaps the most salient group of beneficiaries is comprised of prisoners with terminal illnesses. 4Open this footnote Close this footnote 4 ...

A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...

This episode and others are suggestive of the increasing strain on prosecutors charged with implementing Administration directives that may improperly target opponents or reward supporters. While ...

A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...

In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...

Introduction The Supreme Court is accumulating power. Call it “concentrating power in the court,” a “judicial power grab,” or (as a growing number of scholars are calling it) “judicial aggrandizement” ...

There is something irritatingly wrong with Indian law practice at the Supreme Court. This essay offers yet another proposal for Supreme Court reform. My proposal is rooted in a preference for subject ...

This Comment seeks to defend Justice Neil Gorsuch’s approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court’s reliance on textualism and against efforts by ...

Can the Roberts Court find federal Indian law? The answer, I think, is “no,” if by finding law, we mean a process of decisionmaking that makes no normative judgments but instead engages in an ...

Just as most agree the status quo is not tenable, a consensus is forming around possible fixes. The usual menu begins with the obvious and (mostly) uncontroversial: more legal aid, more pro bono, and ...

Because of Bruen, the Third Circuit expressly discounted the more than 80 earlier precedents upholding the felon-in-possession ban: Of course, a court might have scrutinized whether a particular group ...