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Volume 48, Issue 1
Volume 49 Preview: A Response to The Foreshadow Docket
In The Foreshadow Docket, Professor Bert Huang adds to the newly blossoming body of scholarship about the Supreme Court’s emergency docket. He offers thought-provoking ideas about the precedential value of the Court’s emergency decisions, a topic we have also addressed. … We are unpersuaded. First, any theory about the precedential value of emergency docket decisions should grapple with observable judicial practice. …
Access the full article by the Hon. Trevor N. McFadden and Vetan Kapoor here.
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JLPP: Per Curiam
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Review of Akhil Amar’s Born Equal – Gordon Wood
Born Equal: Remaking America’s Constitution, 1840-1920 is the second volume of Akhil Amar’s grand trilogy, a constitutional history of the United States. This is a bold and ambitious project.
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Tribute to Judge Sandra Ikuta – Judge Eric Tung
Few jurists have been as effective as Judge Sandra Ikuta in upholding our country’s rule of law. For two decades, she has sought to interpret our laws with fidelity to their text and history.
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Bonfire of The Vagaries: Towards a Less Imperfect Arbitrator Under Texas Medical Association v. HHS – Kimo Gandall, Jack Kieffaber, Kenny McLaren
Vagary is the reason lawyers have jobs. And they’re pretty good at sorting that vagary out—if you give them enough time and money. In Texas Medical Association v. HHS, they have neither.