A new paper on an old way of resolving constitutional indeterminacies
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
Like Neil Gorsuch, the D.C. Circuit judge has criticized
Chevron deference for encouraging executive arrogance.
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
"[A]s applied to indigent drivers, the law is not merely ineffective; it is powerfully counterproductive."
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Law professors Randy Barnett and Michael Dorf argued over "originalism" at an event hosted by the Soho Forum.
The First Amendment constrains speech regulation by the government, not by private parties.
Barbara Underwood is outraged by the president's use of his clemency power, and she wants state legislators to do something about it.
The Supreme Court has been almost completely silent on the subject of gun rights, leaving important issues unresolved.
The court relies on a debunked recidivism estimate to justify tagging and surveillance of sex offenders.
Some originalists believe that following the original meaning of the Constitution is intrinsically valuable, while others support it only for instrumental reasons. The difference between the two approaches has important implications.
The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.
Part II of my interview with Judge Jeffrey Sutton about his new book state constitutional law.
The first part of my interview with Judge Sutton about his important new book on state constitutions.
Congress can’t "commandeer" state legislators, but it can achieve the same result with "preemption."
The state law targeted people who share erotic photographs of others without their consent.
UCLA Law Professor Adam Winkler on his new book
We the Corporations
The Illinois Supreme Court unanimously upholds a law banning sex offenders from public parks.