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The Due Process and Other Constitutional Rights of Foreign Nations
(Fordham Law Review, 2019)
The rights of foreign states under the U.S. Constitution are becoming more important as the actions of foreign states and foreign state-owned enterprises expand in scope and the legislative protections to which they are ...
Standing for Nothing
(Notre Dame Law Review, 2019)
A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever ...
Still in Exile? The Current Status of the Contract Clause
(Brigham-Kanner Property Rights Conference Journal, 2019)
The Contract Clause is no longer the subject of much judicial solicitude or academic interest.' Since the 1930s the once potent Contract Clause has been largely relegated to the outer reaches of constitutional law.2 This, ...
Term Limits and Turmoil: Roe v. Wade's "Whiplash"
(Texas Law Review, 2019)
A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing ...
The Enacted Purposes Canon
(Iowa Law Review, 2019)
This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...
The Imaginary Constitution
(Georgetown Journal of Law & Public Policy, 2019)
How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line ...