Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for...

Scene: The quiet hallway of a law school. A troubled young professor of Intellectual Property...

Semisubstantive review, as I use that label, entails four key features. First, the subject matter...

Presidential election controversies are nothing new. They have plagued our republic since 1801, when the...

Often the Supreme Court directly engages nonjudicial officials in a shared elaboration of constitutional rights....

In this Essay, I will pause to note some reasons why the "sham decision" critique...

Professor Coenen analyzes Professor Tribe's contention that the present day Supreme Court's constitutional work is...

This article examines an important and recurring question that courts frequently resolve, but rarely analyze:...

This Article considers the interplay of two central tenets of the U.S. Supreme Court's dormant...

Few tales from human experience are more compelling than that of the mutiny on the...

In this Article, we explore the ill-defined distinction between the constitutional carrot and the unconstitutional...

In National League of Cities v. Usery, the Supreme Court recognized a strong state-sovereignty-based limit...

On June 8, 1970, Harry A. Blackmun took his seat on the Supreme Court bench....

In this essay, I question Professor Fallon's strong rejection of the notion that "rights are...

Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor....

There is no theme more familiar to constitutional law than the clash between federal power...

This Article discusses the origins of, practices typifying, and laws directed at contemporary loansharking. Loansharks...

Priorities. The very word sends chills down the sane lawyer's spine. But if fear and...

University Professor and Hosch Professor Dan Coenen shares 15 interesting facts about The Federalist Papers,...

John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch...

Fourteen years ago, in C & A Carbone, Inc. v. Town of Clarkstown, the Supreme...

Does it violate the dormant Commerce Clause for a state to exempt interest earned on...

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...

Testimony before the Subcommittee on Commercial and Administrative Law concerning H.R. 1544, the Federal Agency...