Arbitrary control over its own docket is the hallmark of the modern Supreme Court. While the
Court's power to choose its cases is a frequent subject of study, its practice of preselecting …

In its 2016 Term, the Supreme Court dedicated nearly ten percent of its docket to patent
cases. 1 The Court's decision to grant review in each of these cases-as well as almost every …

Contemporary American federalism, while characterized by nationalized policy battles in the
states, is also increasingly defined by the centralization of power in the federal judiciary. In …

The extent to which courts meaningfully affect policy change has been the subject of heated
debate among socio‐legal and other public law scholars. I argue here that one key source of …

An outstanding group of leaders left evidence that a richer and more sustainable democracy
could be achieved with American independence and democratic principles integrated into a …

The United States Supreme Court is commonly thought to be an institution far removed from
American public opinion. Yet nearly two-thirds of modern Supreme Court decisions reflect …

Justice Anthony Kennedy's constitutional jurisprudence for three decades simultaneously
thrilled and infuriated observers from across the political spectrum. The same Justice who …

This article challenges the conventional wisdom about of the Supreme Court's impact on
federalism and centralization. In particular, we argue that the centralization impact of the …

Justice Anthony Kennedy's constitutional jurisprudence for three decades simultaneously
thrilled and infuriated observers from across the political spectrum. The same Justice who …

Previous studies show that Supreme Court justices defer to congressional preferences by
striking down fewer Acts of Congress to restore the judiciary's institutional legitimacy …