The Origins of War Manifestos by Oona A. Hathaway, William S. Holste, Scott...
Our recent article, War Manifestos, was the first work of legal scholarship to examine the documents that set out the legal reasons sovereigns provided for going to war from the late fifteenth century...
View ArticleBriefly 3.2 – How to Save a Constitutional Democracy
This is Briefly, a production of the University of Chicago Law Review. Today we're discussing the global trend of democratic backsliding with Professor Aziz Huq and Professor Tom Ginsburg of the...
View ArticleUnequal State Sovereignty: Considering the Equal State Sovereignty Principle...
Introduction The equal state sovereignty principle may be “our historic tradition,” but it is an ill-defined, unexplored, and ambiguous one. In Shelby County v. Holder, the Supreme Court invalidated...
View ArticleTaking Rulemaking Procedures Seriously in Bending the Rules by Rachel...
Notice-and-comment rulemaking is often thought of as a fixed process: if agency X follows the process then it creates binding regulation Y. Yet, there is considerable variation in how the...
View ArticleBriefly 3.3 – Genealogy Databases and the Fourth Amendment
This is Briefly, a production of the University of Chicago Law Review. Today we're discussing law enforcement's use of genealogy databases to solve cold cases and related Fourth Amendment implications....
View ArticleWhy the NCAA’s No-Transfer Rule Is No Good by Michael A. Carrier & Marc Edelman
Earlier this year, after suffering from depression, University of Michigan football lineman James Hudson applied to transfer to the University of Cincinnati. Hudson aimed to start anew at Cincinnati,...
View ArticleBriefly 3.4 – The Chicago School of Antitrust and the Digital Economy
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the Chicago School of Antitrust and whether it should be reassessed in the modern, digital economy. We...
View ArticleThe Admissibility of Forensic Reports in the Post–Justice Scalia Supreme...
Forensic reports linking a defendant to a crime—such as drug tests, blood analysis, DNA profiles, and much more—often constitute the most powerful and persuasive evidence that can be offered at a...
View ArticleBriefly 3.5 – Are Law Schools Bad for Democracy?
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing an article by Samuel Moyn, Professor at Yale Law School, called "Law Schools Are Bad for Democracy" and a...
View ArticleWhy Mississippi’s Plea to the Supreme Court That It “Owns” Its Water and That...
I. Mississippi and Tennessee’s water fight in the U.S. Supreme Court Water is pretty important. There’s a reason why people have been fighting over it for over a thousand years. We...
View ArticleCriminal Justice Reform and the Courts by Rachel E. Barkow
Prosecutors seem to be the primary target for criminal justice reformers today, and with good reason: they are key gatekeepers to whether criminal charges get brought or not, and the particular charges...
View ArticleBriefly 3.6 – Who Do Corporations Serve?
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing who corporations serve. There has been a widespread belief for several decades that corporations exist to...
View ArticleOriginalism as Faithfulness by Christopher R. Green
Eric Segall’s Originalism as Faith is a quick, easily-digestible summary of the conventional wisdom about the Supreme Court’s relationship to original meaning for large portions of the legal academy....
View ArticleBriefly 3.7 – Supreme Court Advocacy and the Separate Sovereigns Doctrine
This is Briefly, a production of the University of Chicago Law Review. Today we’re covering Supreme Court advocacy and the separate sovereigns doctrine with Michael Scodro, partner at Mayer Brown. We...
View ArticleBriefly 3.8 – When Should Courts Overturn Precedent?
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing when courts should overturn precedent. We're joined by two legal scholars who have studied this question:...
View ArticleFifth Circuit Will Reconsider Constitutionality of ICWA’s Race-Based Burdens...
The Fifth Circuit Court of Appeals announced on November 7 that it will rehear a case called Brackeen v. Bernhardt that weighs the constitutionality of the Indian Child Welfare Act (ICWA). Adopted in...
View ArticleThe Political Economy of Judicial Federalism by Michael E. Solimine
Professor Diego Zambrano’s recent article in the University of Chicago Law Review, Federal Expansion and the Decay of State Courts, is an institutional and comparative examination of federal and state...
View ArticleBriefly 3.9 – Universal Basic Income
This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the Universal Basic Income, which is a wealth transfer policy endorsed by many politicians and academics....
View ArticleOriginalist Fiction as Constitutional Faith by Eric J. Segall
Professor Christopher Green’s respectful review of my book “Originalism as Faith” argues that my project “has one big virtue” but several “flaws.” He says that the book “properly points out elements of...
View ArticleInvestigating Intersections of Corporate Governance & Compliance by Veronica...
Symposium Introduction In April 2019, Notre Dame Law in London hosted a conference entitled “Investigating Intersections of Corporate Governance & Compliance” with scholars from the United States...
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