Forum
If it Ain’t Broke, Don’t Fixate on it: Gadamer, Gedicks, and Original Public Meaning
Michael C. Dorf
Abstract Response to Frederick Mark Gedicks, The “Fixation Thesis” and Other Falsehoods In The “Fixation Thesis” and Other Falsehoods, Professor Frederick Mark Gedicks argues that public meaning originalists are mistaken in their claim that the Constitution today means just what it meant when it was adopted. Unlike living constitutionalists who say that the document’s meaning […]
Dividing, Conquering — And Resisting
Kathryn Abrams
Abstract Response to Hila Keren, Divided and Conquered: The Neoliberal Roots and Emotional Consequences of the Arbitration Revolution It is a pleasure to have the opportunity to reflect on Professor Hila Keren’s article, “Divided and Conquered: The Neoliberal Roots and Emotional Consequences of the Arbitration Revolution.” This extraordinary piece reads less like a law review […]
Restoring Federal Takings Claims
Shelley Ross Saxer
Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. As Professors Sterk and Pollack noted, “many have cheered” the United States Supreme Court’s holding in Knick v. Township of Scott that overruled the second prong of Williamson County’s ripeness test. Litigants challenging state or local […]
The Normality of Knick: A Response to Sterk and Pollack
Ilya Somin
Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. The Supreme Court’s decision in Knick v. Township of Scott, has been criticized for supposedly wreaking havoc on the normal system for adjudicating takings claims, and for seriously violating norms of stare decisis. Stewart Sterk and Michael […]
Border Searches in a Digital Age: Finding Alignment Amidst a Diluted Right
Anne L. Kelley
Abstract Searches of electronic devices at the border present a sui generis situation that distinguishes them from traditional border searches of other physical property, such as a backpack, car, or piece of luggage. The traditional border search doctrine framework has challenged federal courts with regard to how to categorize searches of electronic devices at the […]
Diagnosing the Ills of American Monument-Protection Laws: A Response to Phelps and Owley’s Etched in Stone
Zachary Bray
Abstract Response to Jess Phelps and Jessica Owley, Etched in Stone: Historic Preservation Law and Confederate Monuments. As in their other work, Jess Phelps and Professor Jessica Owley provide this sort of vision in Etched in Stone: Historic Preservation Law and Confederate Monuments (“Etched in Stone”), their recently-published Article in the Florida Law Review. In […]