Federalism has had a resurgence of late, with symposia organized,1 stories written,2 and new scholarly paths charted. Now is an appropriate moment to assess where the new “new federalism”3 is heading.

Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground ...

In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems and kept their constitutions free from ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...

Previous scholarship has analyzed a host of innovation institutions––including patents, prizes, and grants––but has overlooked government-conducted R&D. This Article offers the first comprehensive ...

This Essay argues that when Justice Department officials order subordinate lawyers to consider inappropriate partisan goals in making charging decisions, prosecutors must prioritize their fiduciary ...

abstract. For generations, scholars have called on Congress to counter the Department of Justice’s Office of Legal Counsel, which offers legal advice that bolsters presidential power. They argue that ...

Prevailing constitutional interpretation sees Congress’s role as legislative, but members of Congress frequently exert nonlegislative influence on agencies by intervening directly on individual ...