Stephen E. Sachs is the Antonin Scalia Professor of Law at Harvard Law School, where he teaches civil procedure, conflict of laws, and seminars on constitutional law. His research focuses on the law and theory of constitutional interpretation, the jurisdiction of state and federal courts, the history of procedure and private law, and the role of the general common law in the U.S. legal system.
Stephen E. Sachs
Latest from Stephen E. Sachs
"Yes, The Founders Were Originalists"
A critical review of a new book on history and originalism.
Is and Ought in Constitutional Law
A response to Joel Alicea on whether originalism needs a moral defense.
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
The Twelfth Amendment and the ERA
New historical evidence on the ERA's invalidity.
President Biden, the ERA, and Constitutional Vandalism
A deeply mistaken decision on the way out of office.
In Praise of Ignoring Facts: A Review of Jack Balkin's "Memory and Authority"
Why constitutional theory needs more theory.
Good and Evil in the American Founding
How Americans ought to think about our founding principles.
Dobbs and the Originalists
Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.
Abortion and the Wayfair Case
How a use tax on mifepristone might scramble abortion debates.
Dormant Commerce and Corporate Jurisdiction
A look at personal jurisdiction after Mallory.
According to Law
A keynote address to the Symposium on Common Good Constitutionalism.
How Originalist Is the Supreme Court?
More than you might think—and it’s getting better all the time.
Can a Marylander be the Senator from California?
Why Article I's residence requirement applies to appointees.
Is Sen.-to-be Butler Eligible to Represent California?
The residence question is closer than it might appear.
New Light on the ERA?
A long history of amending resolutions with legal effect.
Stanford Dean's Letter and Limited-Purpose Institutions
A defense of institutional neutrality.
"The 'Common-Good' Manifesto" Is Now Published
reviewing Common Good Constitutionalism.
Is the "Speak Out Act" Constitutional?
What power lets Congress exempt harassment allegations from NDAs?
The Official Story of the Law
(available as forthcoming from the Oxford Journal of Legal Studies)
The "Common-Good" Manifesto
A review of Adrian Vermeule's Common Good Constitutionalism
License Plates, Flagpoles, and Editorial Discretion
On government curation and government speech.
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
Can Law Review Submissions Be Improved?
A new norm to limit expedites.
Meanings, Intentions, Original Law
Another way to understand what originalists are doing.
Originalism and Personal Jurisdiction: Some Hard Questions
What original principles would say about this term's big case.
Another problem with self-pardons
A "self-pardon" might bring about exactly the prosecution it seeks to avoid.
Professor Justin Simard Writes In on The Importance of Citing Slavery
A response to our criticism of a proposed Bluebook rule.
