Constitutional Law
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How Freed Slaves Extended the Reach of Federal Courts and Expanded our Understanding of the Fourteenth Amendment
Vol. 102 No. 2 (2018) | Rights That Made The World RightIn 1870, Maria Mitchell, an African American woman in Edgecombe County, North Carolina, did something that she could not have done when she was enslaved: She “talked for her rights.” […]
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How Lockhart Should Have Been Decided (Canons Are Not the Key)
Vol. 101 No. 4 (2017) | Equal opportunity?That is an altogether presumptuous title, written with a smile. The case is Lockhart v. United States, 136 s. Ct. 958 (2016). It’s fascinating for the debate over conflicting canons […]
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A Dozen Canons of Statutory and Constitutional Text Construction
by Bryan A. Garner and Antonin Scalia
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexSupremacy-of-Text Principle. The words of a governing text are of paramount concern, and what they convey, in their context, is what the text means. Principle of Interrelating Canons. No canon of interpretation […]
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Tightrope Act: Can new FISA court reforms address privacy concerns without impeding anti-terrorism efforts?
by Maj. Gen. Charles J. Dunlap, Jr. USAF (ret.)
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexAlthough the revamping of bulk data-collection practices dominated headlines about the passage of the USA Freedom Act in June, the new law also contained reforms of the Foreign Intelligence Surveillance Court […]