Stymieing agency efforts to address issues from climate change to the COVID-19
pandemic,'the major questions doctrine has emerged as a powerful weapon wielded against …

States focuses disproportionately on the national level. And seeing a national problem,
reformers understandably seek to bolster democracy through large-scale federal solutions …

Prison abolition, in the span of just afew short years, has established a foothold in elite
criminal legal discourse. But the basic question of how abolitionists would address" the …

CONSTITUTIONAL CONCEITS IN STATUTORY INTERPRETATION Page 1 CONSTITUTIONAL
CONCEITS IN STATUTORY INTERPRETATION ERIC BERGER* For all its talk about …

The conventional wisdom is that the Commander-in-Chief Clause arms the President with a
panoply of martial powers. By some lights, the Clause not only equips the President with …

This Review examines the relationship between progressivism and constitutionalism. In
doing so, it considers three different ways of thinking about a constitution's role in a political …

This article proposes that the US Senate adopt a “popular-majoritarian cloture rule,” under
which a motion to close debate and proceed to a final vote would carry if but only if …

Scholars have identified serious drawbacks to the independent state legislature (ISL) claim,
which precludes state-court review of election laws, thus preventing state guarantees like …

This article argues that commemorating the Administrative Procedure Act (APA) should
involve accounting for the role it has played in both advancing and thwarting racial justice …

The election of progressive prosecutors across the country holds tremendous promise for
criminal justice reform and the fight against mass incarceration. But legal scholarship has …