Randy J. Kozel* The U.S. Supreme Court has shown a notable willingness to reconsider its First Amendment precedents. In recent years, the Court has departed from its prior statements regarding the constitutional ...

Jessica A. Shoemaker* This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land ...

Rachel A. Harmon* Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the ...

Daniel A. Crane* & Adam Hester** The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ...

Scott Dodson* Federal class actions today follow an opt-out model: absent an affirmative request to opt out, a class member is in the class. Supporters defend the opt-out model as necessary to ensure the ...

Jonathan L. Marshfield* To most lawyers and judges, constitutional amendment rules are nothing more than the technical guidelines for changing a constitution’s text. But amendment rules contain a great deal of ...

Richard Primus* In Part I of this Article, Primus develops the idea of continuity tenders. In Part II, he shows that the enumeration principle is profitably understood as a continuity tender within the culture of ...

Ryan Baasch* & Saikrishna B. Prakash** Though the Constitution conspicuously bars some state involvement in foreign affairs, the states clearly retain some authority in foreign affairs. Correctly supposing that ...

Jacob Gersen* and Adrian Vermeule** Under the Administrative Procedure Act, courts review and set aside agency action that is “arbitrary [and] capricious.” In a common formulation of rationality review, ...

Peter Lee* Although tensions between universality and exceptionalism apply throughout law, they are particularly pronounced in patent law, a field that deals with highly technical subject matter. This Article ...