Native people’s citizenship is in the news. In its attacks on birthright citizenship, the Trump administration argues that because “Indians in tribal relations” were not citizens under the original understanding of the Citizenship Clause, children of undocumented or temporarily present
Crisis claims, especially around disruptive technological innovation, tend to sell well, but are often overstated. This is true in general (the
There is a renewed wave of scholarship in constitutional law emphasising cooperation and trust rather than conflict and distrust. The latter, associated with American-style constitutionalism, has long dominated our imagination alongside American political and social supremacy, but it now seems
Can you imagine a better-timed piece of legal history than Alma Steingart’s insightful One Person, One Vote? The Gap between Representative Equity and Mathematical Equality after Baker v. Carr”? Published in the March 2026 issue of the Journal of American
In his rich and carefully argued book, Rights and Right-Holding: A Philosophical Investigation, Matthew Kramer seeks to articulate the essence of any entitlement (whether legal or moral) that can be classified as a right and the essence of an entity’s
In Do Nothing Preemption, Professor Lauren Roth takes on the legal thicket of preemption—the all-too-familiar hornet’s nest within the federalism-dominated landscape of health law. Roth’s project is particularly timely. Considering policy goals by the Trump administration as well as the
Criminalization by Other Means is a richly documented and analytically
I last taught Wills, Estates, and Trusts in Spring 2025 to a large class
Not long ago, a friend in his late thirties confided that coming out as gay had been unexpectedly difficult for him. He is the son of one of the first lesbian couples to raise children in the Southern state where
How many uninjured plaintiffs are too many? The question–which arises across class action litigation, from consumer to employment cases–sounds simple. But as Tom Flesher demonstrates in his student note, federal courts cannot agree on an answer.Flesher’s note centers on Olean
