Khiara M. Bridges, UC Berkeley School of Law, has published the review essay Originalism Without History in the Yale Law Journal:Originalism, the Supreme Court’s ascendant theory of constitutional interpretation, claims to dive deep into the historical archives to
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Wolf on Property Law as History
Michael Allan Wolf, University of Florida Levin College of Law, has posted Property Law as History, which is forthcoming in The Urban Lawyer:Because property law and history are so inextricably intertwined, it has become even more important
Wolff on Legal History and Comparative Law
Lutz-Christian Wolff, Chinese University of Hong Kong, has published an article entitled Legal History and Comparative Law: Just the Flip Side of the Same Coin? in the Independent Law Journal:The relationship between legal history and comparative law
Coffey on Double Jeopardy
Ger Coffey, University of Limerick, has posted A History of the Common Law Double Jeopardy Principle: From Classical Antiquity to Modern Era:The double jeopardy principle is a guarantee of individual liberty that has ancient origins. The development of
Smith on Erie
Thomas A. Smith, University of San Diego School of Law, has posted a reconsideration of Eire Railroad Co. v. Tompkins, entitled, Overruled from the Chair: A Study in UmbesetzungThis Article reads Erie Railroad Co. v. Tompkins (1938) not
Wilson, "The Disability History of Brown v. Board of Education"
An article of interest from Britney Wilson (New York Law School): “The Disability History of Brown v. Board of Education,” Washington and Lee Journal of Civil Rights and Social Justice 32, no. 1 (2026).
The abstract:In 1952, two years
Shanks-Dumont on Godzilla and the Imaginal Legal History of Ecocide
Daimeon Shanks-Dumont, a Ph.D. Candidate in the Jurisprudence and Social Policy Program at the University of California, Berkeley, School of Law, has published Godzilla Cinema and the Imaginal Legal History of Ecocide in the Yale Journal of Law
Bayefsky on Tradition and Feminism in Constitutional Adjudication
Rachel Bayefsky, UVA Law, has published Tradition and Feminism in Constitutional Rights Adjudication in the Virginia Law Review:In recent years, “tradition” has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in contexts ranging
Grewel, Reddy and Shah on Administrative Law and the Making of the CPI
David Singh Grewal, Sanjay G. Reddy, and Sarang A. Shah have published The Hidden Politics of ‘Affordability’: Administrative Law and the Making of the Consumer Price Index in the Stanford Law & Policy Review:Perhaps no issue has greater
Grischkan on the Fed's Path to Power
Jamie Grischkan, Fordham Law, has published The Accidental Regulator in Chief: The Federal Reserve’s Path to Power in the FIU Law Review:
The independence of the Federal Reserve, long an article of faith among lawmakers, is under attack.