Text, History, and Tradition: What the Seventh Amendment Can Teach Us About...
122 Yale L.J. 852 (2013).In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims...
View ArticleCan the President Appoint Principal Executive Officers Without a Senate...
122 Yale L.J. 940 (2013).It is generally assumed that the Constitution requires the Senate to vote to confirm the President’s nominees to principal federal offices. This Essay argues, to the contrary,...
View ArticleThe Majoritarian Filibuster
122 Yale L.J. 980 (2013).The debate over the Senate filibuster revolves around its apparent conflict with the principle of majority rule. Because narrow Senate majorities often represent only a...
View ArticleLawsuits as Information: Prisons, Courts, and a Troika Model of Petition Harms
122 Yale L.J. 1024 (2013).This Note is about the practice of conditioning recovery for violations of prisoners’ intangible constitutional rights, like First Amendment petition rights, upon a showing of...
View ArticleUnveiling Inequality: Burqa Bans and Nondiscrimination Jurisprudence at the...
122 Yale L.J. 1089 (2013).
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