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The Souterian and Rehnquistian Views of Legal Talent
Andy Smarick
Latest Articles
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The Declaration of Independence and Our Legal Tradition – Hon. Trevor McFadden
My remarks today are a celebration of sorts. This July marks America’s 250th birthday. A quarter millennium since we broke away from the Old World and charted our own course through the currents of world history. And what a journey it has been. 250 years is a major milestone. By some accounts, it is…
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The Right Way to Take on Trial Lawyers and Woke Lawfare – O.H. Skinner
There is growing concern about the ways that trial lawyers are hijacking our court system, turning it into both a backdoor mechanism for achieving progressive policy outcomes and a reliable source of political money for left-wing candidates and political committees, often in coordination with activist groups. The problem calls for a response, especially from conservatives…
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“Subject to the Jurisdiction” as Legal Text – James A. Heilpern & Keith E. Whittington
The overwhelming weight of evidence indicates that “subject to the jurisdiction” was not used to refer to, or make use of, concepts of “allegiance” but rather was routinely used to describe the circumstances in which individuals were under the governing authority of the sovereign.
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Addressing Some Perceived Anomalies Referenced in the Trump v. Barbara Oral Argument – Samuel Estreicher & Rudra Reddy
We write here only to address certain perceived anomalies noted by some the Justices during the oral argument in Trump v. Barbara in the hope that it will help the Court’s deliberations.
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The Declaration of Independence as Kindling the American Culture of Reason-Giving – Donald J. Kochan
A related lesson to be drawn from the Declaration of Independence that has been underexplored: It was an exercise and exemplar of “reason-giving,” arguably kindling by example a custom and culture of reason-giving in American law and politics.
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Post-Carpenter Confusion to Post-Chatrie Clarity – A. Shea Daley Burdette
How the Fourth Amendment’s third-party doctrine applies to modern surveillance is, of course, an issue of great importance, the answer to which has sweeping implications.
From the Archive
Carson v. Makin and the Relativity of Religious Neutrality
“Neither the majority nor the dissent in Carson is neutral in an absolute sense. Such absolute neutrality is impossible to achieve. Religious neutrality is a myth.”
— Lael Weinberger